Step #1 — Serve Kansas Preliminary Notice
If you don’t have a contract directly with the owner, you must send a Kansas Preliminary Notice within 30 days of first furnishing labor or materials.
Step #2 — Serve Kansas Notice of Intent to Lien
Before filing a Kansas Construction lien, you have to first serve on the owner a notice of intent to lien at least 14 days before filing your Kansas Construction Lien.
Step #3 — Prepare the Kansas Mechanics Lien
A Kansas mechanics lien must be recorded within 4 months of the claimant’s last furnishing of labor or material.
The lien is filed with the Clerk of the District Court in the county where the property is located.
A Kansas Construction lien must clearly identify:
Claimant’s legal name and address
Property owner’s name
Hiring party’s name
Legal description of the property
Description of labor, materials, or services
Amount claimed as unpaid
First and last furnishing dates
Statement that required notices were served
Claimant’s signature and verification
Step #4 — Record the Kansas Construction Lien
Record the Kansas Construction lien in the Clerk of the District Court must be recorded within 4 monthsof furnishing labor and/or material.
Step #5 — Serve the Kansas Construction Lien
In Kansas, a mechanics lien must be both recorded and served. After filing the Kansas lien with the Clerk of the District Court, the claimant must promptly serve a copy of the recorded lien on the property owner using an approved method of service. Proof of service should be retained, as failure to properly serve the lien may affect enforceability.
Acceptable methods of service are:
Certified mail, return receipt requested
Registered mail
Personal service
You should retain proof of service.
Step 3 — Enforce the Kansas Mechanics Lien
If unpaid, you must enforce you Kansas Mechanics lien by filing a foreclosure lawsuit within 1 year of recording. Negotiations do not extend this deadline.