To amend chapter 429, RSMo 1994, relating to statutory liens on real estate, by adding two new sections relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Chapter 429, RSMo 1994, is amended by adding thereto two new sections to be known as sections 429.103 and 429.106, to read as follows:

429.103. If any lien or liens are filed under the provisions of sections 429.010 to 429.340 and no action to enforce any lien or liens has yet commenced, the owner of the land may file a petition in the circuit court of the county in which such land or any portion thereof is located, making all lien claimants defendants therein, and request an adjudication of any lien or liens so claimed. If any lien claimant fails to establish such claimant's lien, the court may order the claimant to pay the costs of such action. If no action to enforce or adjudicate any lien is filed within the time provided in section 429.170, such lien shall become unenforceable.

429.106. The contractor or owner of the land may furnish a bond with good and sufficient sureties to the circuit court of the county in which such land or any portion thereof is located for the payment of all claims which might be the basis of liens filed pursuant to sections 429.010 to 429.340, to be approved by a judge of the circuit court for the county in which the land or any portion thereof is located, and filed with the clerk of the circuit court. The amount of such bond shall be equal to or greater than the contract price for the performance of services by those persons who may assert a lien. When such a bond is approved and filed, no lien shall attach under sections 429.010 to 429.340 for the benefit of any party claiming under or through the contract for which such bond is executed. If such bond is filed after liens have been attached, such liens shall be discharged. Any person within the class of claimants whose claim is covered by the bond may bring a suit upon the bond. Such bond may require that suit be brought within twelve months after completion of the project for which such bond has been furnished or within six months after the filing of said bond with the clerk of the circuit court, whichever is later. If no suit is brought within this time period, such bond shall be considered canceled by operation of law, but such cancellation shall not reinstate any lien previously discharged. No notice is required to be given to any party before commencement of an action upon a bond. Any bond approved and filed shall be indexed in the records of the circuit court clerk's office pertaining to liens filed under sections 429.010 to 429.340 under the name of the land owner.