In the state of Kansas, specific lien filing and lien enforcement laws are in effect to protect the rights of materials suppliers, sub contractors, and primary contractors. Keeping abreast of these important dates and deadlines, as well as taking the appropriate action is essential for any individual doing business in the state of Kansas to ensure their rights to payment or enforce lien claims is preserved.
Notice Requirements for Mechanics Liens in Kansas
Preliminary notice of right to lien claims are not required by primary contractors in the state of Kansas. In order to claim a lien, lien statements must be verified by four (4) months after the last day that materials were used, or the last date of labor. There are extensions available for an additional five (5) months for non-residential projects by filing notice of extension by the end of the original four (4) month period. Actions for foreclosure on a mechanics lien in the state of Kansas must occur within one (1) year of filing the original lien statement. Otherwise, an action to foreclose upon a lien claim must occur within one (1) year of the maturity date of the attached promissory note to lien statement without itemized statement.
In the state of Kansas, sub contractors must adhere to the same procedures and deadlines as primary contractors, including:
- Lien statement verified within four (4) months of last date on project, with potential five (5) month extension for non-residential project
- Action to foreclose upon lien filed within one (1) year of original lien claim filing
- It should be noted that sub contractors have express rights to a lien
Materials suppliers follow the exact same procedures and deadlines for obtaining claims on liens and enforcing lien claims as primary contractors and sub contractors, however, in the same manner as sub contractors, materials suppliers have no explicit rights to a lien.