Kansas Mechanic’s Lien

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Below is an overview of the preliminary steps for filing a mechanic’s lien in the state of Kansas.

COMMERCIAL:

  • Upfront Notice: BICA sends a Courtesy Notice.
  • Follow-up Notice: There is no statutory follow-up notice.

RESIDENTIAL:

  • Upfront Notice:
    • Warning Statement (Pre-existing construction): In order to have lien rights, this statement must be sent to the Owner.  It is usually done by the General Contractor but if not given, the claimant must do so; therefore BICA uses this as its standard upfront notice.
      • Lien Rights only apply to amounts not yet paid to the Contractor as of the date this Warning Statement is received.
      • Therefore, it should be sent as soon as possible.
      • This only applies to pre-existing construction.
    • Notice of Intent to Perform (New construction):
      • This notice is optional.
      • On new residential construction, to protect your lien rights if the property is sold before you are paid, it is required to be filed with the clerk of the district court.
      • A copy of this notice is also sent to the Owner and Contractor as a courtesy notice.
      • This notice expires after 18 months.
      • You may select this as your upfront notice on the BICA member portal or by directly emailing BICA about the job.
  • Follow-up Notice:
    • If you filed the Notice of Intent to Perform on New Residential Property, you are required to file a Release of Notice of Intent to Perform when you are fully paid.
      • This notice is available on the BICA member portal.

PUBLIC:

  • Upfront Notice: BICA sends a Courtesy Notice.
  • Follow-up Notice: There is no statutory follow-up notice.

Throughout our site you can find more resources on the process of filing mechanic’s liens and preliminary notices. If you’re ready to get started, be sure to reach out to us on our contact page, or call us at (800) 722-2422.