Section 40 Exclusive Remedy

• Library: Mechanics Liens 2015

3. (§40) Exclusive Remedy

When an equitable action is commenced, it is exclusive of any other remedy for the enforcement of mechanic’s liens against the property involved in the equitable action. Section 429.290, RSMo 2000. All other mechanic’s lien suits brought against the property are to be stayed, and the parties in these suits are to be made parties to the equitable action. Section 429.300, RSMo 2000.

The equitable suit is commenced and becomes the exclusive method for enforcement of mechanic’s liens when the suit is filed, even before service, providing that the plaintiff does not withhold service. State ex rel. Great Lakes Steel Corp. v. Sartorius, 249 S.W.2d 853 (Mo. banc 1952).

In an equitable lien suit, if any property becomes the object of a mechanic’s lien claim by cross-petition or otherwise, all lien claims to any property involved in the suit must be enforced in the equitable action. See Imse-Schilling Sash & Door Co. v. Kellems, 179 S.W.2d 910 (Mo. App. E.D. 1944). For example, if A files...