September 09, 2010
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Penalties for using an illegal construction contract in Missouri:
  • On residential projects, omission of the right to repair notice forfeits protection provided by Missouri Revised Statutes § 436.350 to § 436.365.
  • On commercial jobs and larger residential projects, Missouri voids any provision in the contract which does not comply with Revised Statutes § 436.300 to § 436.336. Failure to comply with the Retainage Act can result in an interest penalty of 1-1/2% per month plus attorney fees. Revised Statutes of Missouri § 34.057 imposes similar requirements for public works subcontracts.
  • Failure to get a signed consent statement on a residential home improvement job extinguishes the lien rights of subcontractors under Revised Statutes of Missouri § 434.100.
  • Failure to deliver the lien law notice jeopardizes lien rights. Fraudulent omission of the lien notice makes a contractor liable for a fine of up to $500 and six months in jail under Revised Statutes of Missouri § 429.012.
  • Revised Statutes of Missouri § 434.100 voids any indemnity clause in a construction contract which would require indemnification of someone for their own negligence.
  • Omission of the Sales Act notice required by Revised Statutes of Missouri § 407.710 gives a property owner the right to cancel the contract at any time, even years after work is completed.
  • Omission of federal truth in lending disclosures required by 15 United States Code § 1638 makes the creditor liable for both the overcharge and the debtor's attorney fees.
  • Omission of disclosures required by 12 Code of Federal Regulations § 226.15 extends the right of rescission to three years (rather than three days). 15 U.S.C. § 1635(f) and 12 C.F.R. § 226.23(a)(3).
  • Omission of insulation disclosures required by 16 Code of Federal Regulation § 460 can result in an $11,000 fine.
The contracts linked below will help Missouri contractors avoid these penalties by complying with state and federal law.
The contracts linked below also comply with current Missouri and federal court decisions.

Missouri Construction Contracts Available Now
Title Bias Contract Type Page Length
MO Commercial Construction I Light bias in favor of the contractor. Prime 31
MO Commercial Construction II Light bias in favor of the owner. Prime 12
MO Commercial Repair Neutral. Prime 16
MO Commercial Subcontract I Light bias in favor of the subcontractor. Subcontract 27
MO Commercial Subcontract II Light bias in favor of the contractor. Subcontract 13
MO Custom Home I Light bias in favor of the contractor. Prime 21
MO Custom Home II Light bias in favor of the owner. Prime 27
MO Home Improvement I Moderate bias in favor of the contractor. Prime 26
MO Home Improvement II Moderately favors the owner. Prime 30
MO Home Repair I Heavy bias in favor of the contractor. Prime 14
MO Home Repair II Heavy bias in favor of the owner. Prime 20
MO Pool Neutral. Prime 20
MO Public Works Subcontract Moderate bias in favor of the contractor. Subcontract 28
MO Residential Subcontract I Light bias in favor of the subcontractor. Subcontract 11
MO Residential Subcontract II Light bias in favor of the contractor. Subcontract 18
MO Tenant Improvement Neutral Prime 12