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Our Guide to Preliens, Waivers, Mechanic’s Liens, and Bond Claims in Kansas

KS Kansas

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This 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 codeKS Stat. Ann. §§ 60-1101 et seq.
Prelien required for private / commercial projectsNo, but may be beneficial
Prelien required for public projectsNo
KS statutory reliefFull price
Lien milestone eventLast furnishing / last invoice
Lien enforcement deadline6 months to 1 year
Waivable lien rightsNo
Supplier to supplier rightsLikely no
Prelien document name(s)
Prelien minimum information
Prelien minimum notifications
Prelien recording requirementNo
Prelien notarizedNo

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.

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.

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.

Other important construction links in Kansas

Check out this ‘X’ list for Kansas created by Prelien Pro!

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