Our Guide to Preliens, Waivers, Mechanic’s Liens, and Bond Claims in Kansas
KS Kansas
Questions? Contact usThis is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Kansas Quick Overview
| Pursuant code | KS Stat. Ann. §§ 60-1101 et seq. |
|---|---|
| Prelien required for private / commercial projects | No, but may be beneficial |
| Prelien required for public projects | No |
| KS statutory relief | Full price |
| Lien milestone event | Last furnishing / last invoice |
| Lien enforcement deadline | 6 months to 1 year |
| Waivable lien rights | No |
| Supplier to supplier rights | Likely no |
| Prelien document name(s) | — |
| Prelien minimum information | — |
| Prelien minimum notifications | — |
| Prelien recording requirement | No |
| Prelien notarized | No |
Understanding the Prelien Process on Construction Projects in Kansas by Role
Kansas does not require a preliminary notice on non-residential projects to preserve lien rights. On residential jobs, the rules may differ.
- Prime / Original / General Contractors (GCs): Private/commercial: no preliminary notice required on non-residential projects.
- Subcontractors / Trade Partners (Subs): Private/commercial: no preliminary notice required on non-residential projects.
- Second-tier subcontractors: Private/commercial: no preliminary notice required on non-residential projects.
- Lower-tier subcontractors: Private/commercial: no preliminary notice required on non-residential projects.
- Material suppliers: Private/commercial: no preliminary notice required on non-residential projects.
- Equipment lessors: Private/commercial: no preliminary notice required on non-residential projects.
- Second-tier material suppliers: Private/commercial: no preliminary notice required on non-residential projects.
- Lower-tier material suppliers: Private/commercial: no preliminary notice required on non-residential projects.
Possible Exceptions, Special Circumstances, and Caveats in Kansas
Owner Occupied Residential: Possible differences for owner-occupied residential projects.
Residential: On residential projects, preliminary notice may be required. Review specific residential statutes.
Mechanic's Liens in Kansas
In Kansas, a verified lien statement must be filed within 4 months after last furnishing labor or materials (5 months for non-residential if notice of extension is filed within 4 months). The statement must be served on the property owner. An action to foreclose the lien must be brought within 1 year from filing the lien statement or from the maturity date of an attached promissory note.
Bond Claims in Kansas
For public projects in Kansas, claimants must file a bond claim under the terms specified in the bond itself, as Kansas statutes allow public owners to require performance and payment bonds but provide limited statutory procedures. It is critical for a claimant to closely follow any bond-specific notice requirements and deadlines stated in the bond documents.
Construction Lien Waivers in Kansas
Required format: Kansas does not require any specific statutorily required verbiage to be valid but be sure to check with your construction attorney and consult any relevant state statutes.
Required notarization: Kansas does not require waivers to be notarized.
Kansas does not have specific statutory lien waiver forms or requirements. Waivers are generally governed by contract terms and should be executed carefully to avoid waiving rights unintentionally.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors’ websites in Kansas counties
Most often, the county Assessor’s office is the go-to resource for online lien-related information for construction project parcels—ownership records, special warranty deeds, and more. Counties that we’ve not yet found online (those with “*”) link to a Google search for your convenience.
- Allen County
- *Anderson County
- *Atchison County
- *Barber County
- Barton County
- *Bourbon County
- Brown County
- *Butler County
- *Chase County
- *Chautauqua County
- *Cherokee County
- *Cheyenne County
- *Clark County
- Clay County
- Cloud County
- Coffey County
- *Comanche County
- Cowley County
- Crawford County
- *Decatur County
- Dickinson County
- *Doniphan County
- Douglas County
- *Edwards County
- *Elk County
- Ellis County
- *Ellsworth County
- Finney County
- Ford County
- *Franklin County
- *Geary County
- *Gove County
- *Graham County
- Grant County
- *Gray County
- Greeley County
- *Greenwood County
- *Hamilton County
- *Harper County
- *Harvey County
- Haskell County
- *Hodgeman County
- Jackson County
- Jefferson County
- *Jewell County
- Johnson County
- *Kearny County
- *Kingman County
- *Kiowa County
- Labette County
- *Lane County
- Leavenworth County
- *Lincoln County
- *Linn County
- *Logan County
- Lyon County
- McPherson County
- Marion County
- *Marshall County
- *Meade County
- Miami County
- *Mitchell County
- *Montgomery County
- *Morris County
- Morton County
- *Nemaha County
- *Neosho County
- *Ness County
- *Norton County
- Osage County
- Osborne County
- Ottawa County
- *Pawnee County
- Phillips County
- Pottawatomie County
- Pratt County
- *Rawlins County
- *Reno County
- *Republic County
- *Rice County
- Riley County
- *Rooks County
- *Rush County
- *Russell County
- Saline County
- *Scott County
- Sedgwick County
- *Seward County
- Shawnee County
- Sheridan County
- *Sherman County
- *Smith County
- *Stafford County
- *Stanton County
- *Stevens County
- Sumner County
- *Thomas County
- *Trego County
- *Wabaunsee County
- *Wallace County
- *Washington County
- *Wichita County
- *Wilson County
- Woodson County
- Wyandotte County
Other important construction links in Kansas
- Kansas Mechanics Lien Statutes (KS Stat. Ann. §§ 60-1101 et seq.)
- Kansas Secretary of State Business Services
- Kansas Department of Administration - Construction and Contract Compliance
- Kansas Contractors Association (KCA)
- Kansas Department of Labor - Workplace Safety (OSHA resources)
- Kansas Bar Association - Construction Law Resources
- Kansas City Builders Association
Check out this ‘X’ list for Kansas created by Prelien Pro!
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