Kansas

Kansas mechanics’ lien deadlines

Statutory summary — attorney verification in progress. Confirm before relying on any date.

Filing deadline

Verified lien statement filed with the Clerk of the District Court (not the register of deeds) of the county where the property lies: original contractors (direct owner privity) have 4 months from last furnishing under K.S.A. 60-1102; subcontractors, suppliers, and others have only 3 months under 60-1103. Contents: owner name, claimant name/address for service, property description, and a reasonably itemized statement of the claim (attached written instrument or promissory note may substitute).

Notice prerequisites

Nothing on commercial work. Residential: a subcontractor/supplier claiming against residential property (1-2 family, non-commercial — including new construction that will become the owner's principal residence) must give the owner a statutory Warning Statement (waived if the claim is $250 or less); on NEW residential property (new 1-2 family structure) the sub/supplier must also file a Notice of Intent to Perform with the district court clerk. Skipping these does not void the lien outright, but the lien is void against a bona fide purchaser whose deed records before a Notice of Intent to Perform; the notice expires 18 months after filing unless a lien is perfected, and after full payment the claimant must file a release of it.

Service on the owner

Subcontractor-tier liens must be served after filing by personal service, restricted mail, or posting on the premises if the owner's address is unknown; service on any one co-owner suffices. The statute is silent on serving a prime contractor's lien.

Enforcement

Foreclosure suit within 1 year of filing the lien statement (or within 1 year of maturity if a promissory note was attached in lieu of itemization); all record lienholders/encumbrancers are necessary parties, and the original contractor is a necessary party to a sub's suit; other claims (e.g., contract) may be joined; no lis pendens requirement mentioned; courts may stay trial to let others file liens on ongoing construction.

K.S.A. 60-1101 through 60-1111, esp. 60-1102, 60-1103, 60-1103a, 60-1103b, 60-1105

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