A Kansas mechanic’s lien allows construction workers and suppliers to take legal action against a client who has not delivered payment for their contracted services. A property with a lien will alert interested buyers that they will be liable for the owner’s debts if they purchase, thus greatly reducing the likelihood of a sale. The filing will also limit the owner in their ability to obtain financing against the property.
If the owner does not deliver the owed payment after they have received notice of a filed lien, they risk the claimant enforcing the lien and initiating a foreclosure action. If the action is successful, the claimant will be compensated through the sale of the property.
Laws & Requirements
- Laws: Chapter 60, Article 11
- Signing Requirements (§ 60-1102(a)): Notary Public
- Time Limit for Recording Lien* (§ 60-1102(a) and § 60-1103(a)(1)):
- Original contractors – four (4) months
- Subcontractors and suppliers – three (3) months
- Deadline for Enforcing Lien (§ 60-1105(a)): One (1) year after the lien filing or, if a promissory note is attached to the lien statement, one (1) year after the maturity date thereof.
*A one (1) month extension may be provided if the claimant files a notice of extension within their time limit for recording the lien.