MECHANICS LIEN STATEMENT

State of Kansas

County of [________________________________]

IMPORTANT FILING NOTICE

Kansas mechanics liens are filed with the Clerk of the District Court in the county where the property is located — NOT the Register of Deeds. Under K.S.A. 60-1103, general contractors must file within 4 months and subcontractors/suppliers within 3 months of the last date of work or materials. The lien statement must be verified under oath and must include a reasonably itemized statement of the claim.

I. CLAIMANT INFORMATION

Full Legal Name of Claimant: [________________________________]

Claimant Entity Type:

☐ Individual / Sole Proprietor
☐ Corporation
☐ Limited Liability Company (LLC)
☐ Partnership
☐ Joint Venture
☐ Other: [________________________________]

Claimant Mailing Address (sufficient for service of process):

[________________________________]
[________________________________]
City: [________________________________] State: KS ZIP: [____]

Claimant Phone: [________________________________]

Claimant Email: [________________________________]

Kansas Contractor License (if applicable): [________________________________]

Claimant's Role in the Project:

☐ Original / General Contractor (direct contract with Owner)
☐ Subcontractor
☐ Sub-subcontractor
☐ Material Supplier
☐ Equipment Supplier / Lessor
☐ Laborer
☐ Architect / Engineer
☐ Other: [________________________________]

II. PROPERTY OWNER INFORMATION

Full Legal Name of Property Owner: [________________________________]

Owner Mailing Address:

[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]

Owner Phone (if known): [________________________________]

III. GENERAL CONTRACTOR INFORMATION

(If Claimant is not the General Contractor)

General Contractor Name: [________________________________]

General Contractor Address:

[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]

IV. HIRING PARTY INFORMATION

(Complete if Claimant was not hired directly by Owner)

Name of Party Who Hired Claimant: [________________________________]

Hiring Party's Relationship:

☐ General Contractor
☐ Subcontractor
☐ Agent / Trustee / Spouse of Owner
☐ Other: [________________________________]

Hiring Party Address:

[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]

V. PROPERTY DESCRIPTION

Property Street Address:

[________________________________]
[________________________________]
City: [________________________________], Kansas [____]

County: [________________________________], Kansas

Property Type:

☐ New Residential (to which K.S.A. 60-1103a may apply)
☐ Existing Residential
☐ Commercial
☐ Industrial
☐ Agricultural
☐ Other: [________________________________]

Legal Description of Real Property:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

(Attach Exhibit A for full legal description if additional space is needed)

☐ Exhibit A — Legal Description is attached hereto and incorporated by reference.

Under K.S.A. 60-1103, the lien statement must include a description of the real property.

VI. LIEN STATEMENT

A. Basis for Lien

Pursuant to K.S.A. 60-1101, the undersigned Claimant hereby claims a lien upon the above-described real property for labor, equipment, material, and/or supplies furnished for the improvement thereof, under a contract with the owner (or with the trustee, agent, or spouse of the owner).

B. Nature of Work Performed / Materials Furnished

Type of Improvement:

☐ New Construction
☐ Alteration / Renovation
☐ Repair
☐ Demolition
☐ Other: [________________________________]

C. Reasonably Itemized Statement of Claim

Under K.S.A. 60-1103, the verified statement must show "a reasonably itemized statement and the amount of the claim."

D. Contract Information

Type of Contract:

☐ Written Instrument (attach copy if applicable under K.S.A. 60-1103)
☐ Oral Contract
☐ Implied Contract

If the claim is evidenced by a written instrument, a copy of the written instrument may be attached in lieu of an itemized statement.

Original Contract Price: $[________________________________]

Approved Change Orders: $[________________________________]

Total Adjusted Contract Price: $[________________________________]

VII. DATES OF WORK / FURNISHING

Date Claimant First Furnished Labor, Equipment, Material, or Supplies: [__/__/____]

Date Claimant Last Furnished Labor, Equipment, Material, or Supplies: [__/__/____]

VIII. PRE-LIEN NOTICE COMPLIANCE

A. Notice of Intent to Perform — New Residential Property (K.S.A. 60-1103a)

For new residential property, a lien claimant may only file a lien after title passes to a good-faith purchaser if the claimant has filed a Notice of Intent to Perform prior to the recording of the deed transferring title.

☐ This is new residential property — Notice of Intent to Perform was filed
- Date Filed: [__/__/____]
- Filed with: Clerk of the District Court, [________________________________] County

☐ This is new residential property — Notice of Intent to Perform was NOT filed (Lien may not be enforceable against good-faith purchaser)

☐ This is NOT new residential property — K.S.A. 60-1103a does not apply

B. Subcontractor Notice

Under K.S.A. 60-1102, subcontractors who furnish labor, equipment, material, or supplies may claim a lien on the property to the extent of the amount due from the owner to the contractor at the time the lien claim is filed.

☐ Claimant has a direct contract with the Owner
☐ Claimant is a subcontractor/supplier — lien is limited to the amount due from Owner to Contractor

IX. FILING DEADLINE COMPLIANCE

Claimant's Applicable Deadline: [__/__/____]

Date of This Filing: [__/__/____]

☐ Claimant confirms this lien statement is being filed within the applicable statutory deadline.

X. VERIFICATION

Verified Statement Under Oath

I, [________________________________], being first duly sworn upon oath, state:

1. I am the Claimant named above (or the [________________________________] of the Claimant entity).
2. I have read the foregoing Mechanics Lien Statement and know the contents thereof.
3. The statements of fact contained therein are true and correct to the best of my knowledge, information, and belief.
4. The amount claimed, $[________________________________], is justly due and owing after allowing all just credits and offsets.
5. The itemized statement above is a reasonably accurate accounting of the labor, equipment, material, and/or supplies furnished.

Under K.S.A. 60-1103, the statement must be signed under oath and notarized.

Signature: ________________________________

Printed Name: [________________________________]

Title (if entity): [________________________________]

Date: [__/__/____]

XI. NOTARY ACKNOWLEDGMENT

State of Kansas
County of [________________________________]

Subscribed and sworn to before me this [____] day of [________________], 20[____], by [________________________________], who is personally known to me or who has produced [________________________________] as identification.

Notary Public Signature: ________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

XII. ENFORCEMENT DEADLINES

CRITICAL: Under K.S.A. 60-1105, an action to enforce the mechanics lien must be filed within ONE (1) YEAR from the date the lien statement was filed with the Clerk of the District Court. If no enforcement action is timely filed, the lien is discharged.

XIII. LIEN RELEASE AND BONDING PROVISIONS

A. Release of Lien (K.S.A. 60-1110)

Upon full payment of the amount claimed plus any accrued interest, costs, and attorney's fees, Claimant shall file a release of lien with the Clerk of the District Court where the lien was filed. Under K.S.A. 60-1110, failure to release a satisfied lien may subject the claimant to liability.

B. Bond to Release Lien (K.S.A. 60-1111)

The property owner or any interested party may petition the court to release the lien upon posting a surety bond in an amount of 150% of the lien amount (or such other amount as ordered by the court). The bond must be issued by a surety authorized to do business in Kansas.

C. Partial Release

If partial payment is received, Claimant may file a partial release with the Clerk reducing the amount claimed.

XIV. PRIORITY OF LIEN

Under K.S.A. 60-1101, the mechanics lien attaches from the date labor, equipment, material, or supplies were first furnished. The lien has priority over all other liens or encumbrances that attach to the property after that date, subject to exceptions for prior recorded liens and purchase money mortgages.

XV. ADDITIONAL NOTICES AND DISCLOSURES

1. Filing Location: Kansas lien statements are filed with the Clerk of the District Court, not the Register of Deeds. This is unique to Kansas.
2. Reasonably Itemized Statement: The lien must include a reasonably itemized statement of the claim or a copy of the written contract.
3. Address Requirement: The lien statement must include an address sufficient for service of process on the claimant.
4. Subcontractor Limitation: Subcontractor liens are generally limited to the amount due from the owner to the general contractor.
5. New Residential Property: The Notice of Intent to Perform requirement under K.S.A. 60-1103a provides important protections for good-faith purchasers.
6. Penalties for False Lien: Filing a false or fraudulent lien may subject the claimant to liability for damages and attorney's fees.

FILING INSTRUCTIONS

1. Complete all sections of this Mechanics Lien Statement
2. Have the Claimant sign under oath before a Notary Public
3. File the original with the Clerk of the District Court in the county where the property is located
4. Serve a copy on the property Owner
5. Retain copies for your records
6. Calendar the 1-year enforcement deadline from the date of filing
7. Consult with an attorney regarding enforcement well in advance of the deadline

SOURCES AND REFERENCES

• Kansas Statutes Annotated (K.S.A.) Chapter 60, Article 11 — Liens of Contractors, Subcontractors, and Laborers
• K.S.A. 60-1101 — Liens of Contractors, Subcontractors, and Laborers
• K.S.A. 60-1102 — Subcontractor Liens
• K.S.A. 60-1103 — Filing of Lien Statement (deadlines and requirements)
• K.S.A. 60-1103a — Notice of Intent to Perform (new residential)
• K.S.A. 60-1105 — Enforcement of Lien (1-year deadline)
• K.S.A. 60-1110 — Release of Lien
• K.S.A. 60-1111 — Bond to Release Lien
• Kansas Judicial Branch: https://www.kscourts.org
• Kansas Legislature: https://ksrevisor.gov/statutes/chapters/ch60/060_011_0001.html