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Preliminary Notice FAQ

There are two types of Kansas preliminary notices.

A Warning Statement is a document that is served on the property owner by certain parties who are working on existing residential projects, while a Notice of Intent to Perform is a notice that is filed in the district court by certain parties who are working on new residential construction. [i]

The two preliminary notices are not interchangeable. As with most states, these preliminary notices are required for certain parties to preserve their lien rights.

Parties who do not have a direct contract with a property owner and who are doing repairs on existing residential projects are required to serve a Kansas Warning Notice.

Parties who do not have a direct contract with a property owner and who are working on new residential construction projects must file a Notice of Intent to Perform in the district court.

Note that only parties with no direct contractual relationship with residential property owners are required to serve either of the two preliminary notices.

Both a Kansas Warning Statement and a Kansas Notice of Intent to Perform must be served or filed prior to recording a Kansas mechanics lien.

If you don’t send a Kansas preliminary notice when required, you lose your lien rights.

Intent To File FAQ

A Kansas notice of intent to lien is sent before the filing of a mechanics lien becomes necessary. Although only a number of states require that this notice be sent, many construction participants send a notice of intent to lien as an uncostly way to have payments for invoices settled.

No, sending a Notice of Intent to Lien is not a requirement of any construction participant in Kansas. However, it is still a good practice to send this notice since it could encourage the property owner or any party who owes you money to settle the dispute without having the situation elevated to the filing of a mechanics lien.

In Kansas, a notice of intent to lien may be sent 10 days before filing a mechanics lien, even if it is not required to do so. It advises the owner of your intention to record a lien if the payment is not satisfied.

Failing to send a Kansas Notice of Intent to Lien has no direct effect on your lien rights.

Mechanics Lien FAQ

A Kansas mechanics lien is an effective tool that helps make sure you will be paid for the construction materials and/or labor you supplied. It is a legal claim that can effectively recover payment for contractors and suppliers.

This means that if you file a valid mechanics lien in Kansas and you do not get paid for your work, you have the right to enforce the lien through a lawsuit. This enforcement action can either prompt the client to settle or force the sale of the property. The proceeds of the sale will be used to settle your unpaid bill.

If you successfully file a Kansas mechanics lien, you have an interest in the improved property. When a mechanics lien is filed on the property you worked on, the property becomes collateral for uncollected payments.

According to Kansas Code 60-1101, any person furnishing labor, equipment, material, or supplies used for the improvement or construction of a property may file a mechanics lien in Kansas. These persons include, but is not limited to, contractors, subcontractors, and material suppliers. [ii]

For parties with a direct contract with the property owner, the Kansas mechanics lien must be filed within 4 months of the last day of furnishing labor or materials to a project [iii].

For parties without a direct contract with the property owner, the Kansas mechanics lien must be filed within 3 months of the last day of furnishing labor or materials to a project [iv].

A Notice of Extension may be filed and served on the property owner and the general contractor by construction parties working on non-residential projects. A Notice of Extension allows a qualified party to extend the mechanics lien deadline to a 5-month period, so long as the notice is served within the 3-month or 4-month original deadline. [v]

A Kansas mechanics lien is enforceable within 1 year after the date it was filed [vi]. A claimant must therefore enforce a mechanics lien within this period or the mechanics lien expires.

The Kansas mechanics lien must contain the following documents and attachments [vii]:

  • The name of the owner
  • The name and address of the claimant
  • A description of the real property
  • A reasonably itemized statement and the amount of the claim
  • A signed affidavit that the required preliminary notice has been delivered/filed, if applicable

Kansas does not have specific license requirements for its potential lien claimants.

Kansas has no specific requirements when it comes to releasing a mechanics lien. But once the claim has been satisfied, it’s expected that the lien will be released in a timely manner.

The “pay-if-paid” clause is unenforceable while the “pay-when-paid” clause is enforceable in Kansas.

References:

[i] Kansas Code § 60-1103

[ii] Kansas Code § 60-1101

[iii] Kansas Code § 60-1102

[iv] Kansas Code § 60-1103a(1)

[v] Kansas Code § 60-1102(c), § 60-1103(e)

[vi] Kansas Code § 60-1105

[vii] Kansas Code §§ 60-1102 – 60-1103

Handle.com provides answers to Frequently Asked Questions (FAQs) to contractors and others who are seeking information regarding preliminary notices, intent to file, mechanics lien, and other construction questions. These are provided for informational purposes only, and we cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies.

Kansas documents

Miller Act

The Miller Act protects the rights of subcontractors working on or who have worked on government projects.

Waiver

Waivers release your right to file a mechanics lien in case of non-payment. Some have conditions so ensure you're sending the correct lien waiver type.