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A mechanic's lien is a legal document used by contractors, subcontractors, and suppliers to secure payment for work completed on a construction project. Filing a mechanic's lien essentially states that:
- You're owed money for services provided
- You're expecting payment by a specific date
- You'll proceed with litigation if you don't receive payment by that date
While a lien is in place, it restricts the owner from selling, refinancing, or transferring the property without paying you. That pressure makes liens one of the most powerful payment tools available—especially for subcontractors and suppliers.
Mechanic's lien laws vary significantly by state, with different rules governing who can file a lien, what notices are required, and timelines for filing and enforcement. This guide covers the essentials of Kansas's mechanic's lien laws to help you protect your right to payment.
Not required
Required for residential property work exceeding $250
Not required
Not required
Required Notice of Intent to Perform for the construction of new residential property before recording the deed
Not required
Within 4 months (residential projects) or 5 months (non-residential projects) of last furnishing
Within 3 months (residential projects) or 5 months (non-residential projects) of last furnishing
Within 3 months (residential projects) or 5 months (non-residential projects) of last furnishing
Within 1 year of lien filing date (or promissory note, if applicable)
Within 1 year of lien filing date (or promissory note, if applicable)
Within 1 year of lien filing date (or promissory note, if applicable)
Unpaid contract amount for labor, equipment, materials, supplies, and transportation
Unpaid value of labor, equipment, materials, and supplies furnished
Unpaid wages for labor actually performed
Governed by Kansas Statutes, Chapter 60, Article 11, mechanic's lien rights in Kansas only apply to private construction projects. (Liens cannot be filed against public property. If you're unpaid on public work, your remedy is through a payment bond claim under Kansas's Little Miller Act.)
Kansas's lien system is fairly straightforward, save for a couple of quirks:
- Filing deadlines change depending on whether the project is residential or non-residential.
- Residential projects also trigger special notice rules for subcontractors and suppliers, including warning statements and, in some cases, a Notice of Intent to Perform.
That covers this state's main complexities at a high-level; let's dig into the details.
In Kansas, mechanic's lien rights extend to select parties furnishing labor, equipment, material, or supplies for “the improvement of real property.”
- General (original) contractors
- Subcontractors of any tier
- Material suppliers and equipment providers
- Laborers performing work on the project
To be eligible for a mechanic's lien in Kansas, work must constitute labor, equipment, materials, supplies, or transportation of materials or supplies for “the improvement of real property” (K.S.A. § 60-1101).
The state’s definition is pretty broad, so we’ve compiled some examples of what’s considered lienable and what isn’t below.
Lienable Work in Kansas
- Construction, alteration, or repair of buildings or structures
- Site preparation, grading, excavation, or land improvement
- Materials and supplies incorporated into the improvement
- Equipment furnished for use at the job site
- Transportation of materials or supplies to the site
Non-Lienable Work in Kansas
- Work on public property
- Supplier-to-supplier materials delivery
- Materials not actually used or consumed in the improvement
- Administrative or purely off-site services unrelated to construction
Before filing a lien in Kansas, make sure you’ve met any notice or preliminary requirements that apply to your role (see table above).
Deadline to File
Residential Projects
- General (original) contractors: Within 4 months after the last day of work.
- Subcontractors, suppliers, and laborers: Within 3 months after the last day of work/materials delivery.
Non-Residential Projects
- Standard deadline: Within 4 months after last furnishing (GCs) or 3 months after last furnishing (subcontractors, suppliers, and laborers).
- Extended deadline: Up to 5 months after last furnishing (for all claimants), but only if a Notice of Extension (NOE) is filed in a timely manner in the county’s district court office, then mailed via certified and regular mail to the owner.
Filing Requirements
- Filing location: Clerk of the district court in the county where the property is located.
- Form requirements: The statement of lien must follow the rules of KS Stat. § 60-1102, and include:
- The owner’s name
- The claimant’s name and address
- A sufficient description of real property (e.g., address)
- An itemized statement or a copy of the written instrument or promissory note
- The contractor’s name (all roles besides GC only)
- Verification: A Kansas statement must be signed under oath and notarized.
- Filing fee: Yes, but specific fees vary by county.
Service Requirements
Subcontractors and suppliers must serve a copy of the lien statement on at least one property owner, any holder of a recorded equitable interest, and any party obligated to pay the claim. Service may be made by personal service, restricted mail, or other methods authorized under Kansas law (K.S.A. § 60-1103(c)).
Recording a lien preserves your rights—but enforcement is how you get paid. Here’s what you must do to ensure you enforce your lien in Kansas.
Enforcement Requirements
- Enforcement deadline: File a foreclosure lawsuit within one year after the lien statement is filed (or promissory note maturity, if applicable).
- Filing location: Clerk of the district court in the county where the property is located.
- Lien priority: Generally relates back to the date the claimant first furnished labor or materials at the site, with claimants sharing pro rata if proceeds are insufficient.
Lien Release Requirements
Upon payment, satisfaction, or discharge (including bond substitution), the lien claimant should file a written release with the clerk of the district court in the county where the lien was recorded.
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Kansas doesn’t explicitly ban unlicensed contractors from filing mechanic’s liens in the state; however, it’s generally best practice to obtain your license before starting project work.
Yes. Kansas allows subcontractors, suppliers, and laborers to file a mechanic’s lien even without a direct contract with the property owner.
No. Kansas lien deadlines are set by statute and cannot be shortened by contract or owner action.
Only in limited situations. A Notice of Intent to Perform is required only for subcontractors and suppliers working on the construction of new residential property if the property is conveyed to a good-faith purchaser before a lien is filed.
The notice must be filed with the clerk of the district court in the county where the property is located and expires 18 months after filing unless a lien is recorded sooner (K.S.A. § 60-1103b).
Sometimes. Subcontractors and suppliers working on residential projects as defined in KS Stat. § 60-1103a, with claims exceeding $250, must mail a warning statement to property owners following the content outlined in this statute. Without it, lien rights on residential work may be lost.
No, Kansas does not require specific lien waiver forms. Clearly state the amount being waived and the applicable property for work performed. For more information, review our Kansas lien waiver guide here.
Kansas is generally considered a full-price lien state. Claimants may lien for the unpaid value of labor, equipment, materials, supplies, and transportation costs actually furnished to the project (K.S.A. § 60-1101).
Liens generally may not include unperformed work, anticipated profits, delay or impact damages, administrative or overhead costs unrelated to furnishing, or attorney’s fees and interest unless later awarded by a court.
No, Kansas allows lien rights based on written or oral contracts. Still, written agreements are strongly recommended to avoid disputes over scope and payment.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Always consult with a qualified construction attorney in your state regarding specific legal matters before taking any action that could affect your lien rights.