- Kansas is a FULL PRICE BALANCE lien state for payments to the contractor made prior to the expiration of the three-month period for filing lien claims provided no warning statement is required. If a warning is required, owner’s liability extends to any payment made subsequent to the receipt of the warning statement.
- New residential construction: A subcontractor or supplier can claim a lien on “new residential property” only if the claimant files a statutorily prescribed “notice of intent to perform” with the clerk of the district court of the county where the property is located before title passes. “New residential property” means “a new structure constructed for use as a residence and not used or intended for use as a residence for more than two families or for commercial purposes”. K.S.A. § 60-1103b.
- Improvement of residential property: A Warning Statement must be given to the property owner if a subcontractor wishes to claim a lien on pre-existing residential property. Notice should be given as soon as possible to trap unpaid funds. K.S.A. 60-1103a.
- Prime Contractor: The time for filing a lien can be extended to five months by filing a notice of extension within the original 4 month period.
- Subcontractor and supplier: The time for filing a lien can be extended to five months by filing a notice of extension within the original 3 month period.
- Payment Bonds are filed with clerk of District Court where the project is located.
- On state highway contracts, before suit on bond, an itemized statement of claim must be filed with secretary within six months after contract completion date, according to secretary’s records. Suit on bond must be filed within one year after contract completion date [K.S.A. § 68-410].
|
