NEWS & EVENTS
Mo-Kan Construction Law Blog: Mechanic’s Liens for Rental Equipment
Liens for unpaid rent for machinery and equipment vary from state to state. Kansas has no special rules governing liens by those who rent equipment for others to use. Such renters are essentially treated as suppliers under Kansas law and are required to follow the lien law, K.S.A. 60-1101, generally applicable to all unpaid suppliers and contractors. The procedure is different in Missouri.
In 2005, the Missouri legislature rewrote its mechanic’s lien law, 429.010, R.S. Mo., to limit the ability of companies renting machinery or equipment for use by others to file liens. In order to file a valid lien for unpaid rent, the 2005 revision required the following elements to be met: (1) the property must be a commercial property; (2) the amount of the claim must exceed $5,000; and (3) notice must be given to the owner within 5 days of the commencement of the use of the machinery or equipment that such items are being used on its property. The notice must include the name of the entity renting the equipment, the equipment or machinery being rented, and the rental rate. If any of these prerequisites is not met, the lien is invalid.
Continue reading about rental equipment on the Mo-Kan Construction Law blog.
The Mo-Kan Construction Law blog connects readers with legal issues and news related specifically to the construction industry. The blog is authored by Dysart Taylor attorney Lee Brumitt. Lee focuses his legal practice in construction law and represents a wide variety of construction trades.