Section 51 Petition for Enforcement of Mechanic’s Lien

• Library: Mechanics Liens 2015 Forms

C. (§51) Petition for Enforcement of Mechanic’s Lien

In the Circuit Court of ___________ County

[Lien Claimant Name], )

a ____________ corporation, ) Case No. ____________

)

Plaintiff, )

)

v. )

)

[Other Contracting Party’s Name], )

a ____________ corporation, )

)

and )

)

[Owner’s Name], )

a ____________ corporation, )

)

and )

)

[Other Lien Claimants or )

Interested Parties], )

)

Defendants. )

Petition for Damages for Breach of Contract

and to Enforce Mechanic’s Lien

The plaintiff, ____________ (hereinafter “lien claimant”), for its causes of action against the defendants, [Other Contracting Party], [Owner], and [Other Interested Parties], states:

Facts Applicable to All Counts

1. The plaintiff, ____________, is a corporation incorporated in the State of ____________ and licensed and authorized to do business in the State of Missouri.

2. The defendant, [Other Contracting Party] (“OCP”), is a ____________ corporation and is licensed and authorized to do business in the State of Missouri with its principal office located at ____________. Its registered agent is ____________ with offices located at ____________.

3. The defendant, ____________, is an individual residing at ____________.

4. The defendant, ____________, is a corporation with its principal office located at ____________.

5. The plaintiff’s cause of action arose in ___________ County, Missouri, and concerns property located in ___________ County, Missouri. Jurisdiction and venue are proper in this Circuit Court.

Count I

Breach of Contract

The plaintiff, ____________, for Count I of its Petition against the defendant, [Other Contracting Party] (“OCP”), states:

6. The plaintiff hereby incorporates and restates its allegations in paragraphs 1 through 5 above.

7. On the ____ day of ____________, 20___, Owner entered into a contract with [Other Contracting Party—Original Contractor] to construct certain improvements to ____________, located at ____________ (the “project”).

8. On the ____ day of ____________, 20___, the plaintiff entered into a written subcontract (“subcontract”) with [Original Contractor] ____________ whereby the plaintiff agreed to furnish labor and materials, including [briefly describe work] for the project.

9. In consideration for supplying the labor and materials, [Original Contractor] ____________ agreed to pay the plaintiff in accordance with certain rate and payment terms. A true and correct copy of the subcontract is attached to this petition and...