Mechanics Lien Filing Package — Kansas

Mechanics Lien Filing Package (KANSAS)

Quick-Reference Summary

Part A — Pre-Lien Notice

A.1 — Supplier or Subcontractor Residential Warning Statement — K.S.A. § 60-1103a

Required for a supplier or subcontractor claim exceeding $250 when the improvement fits § 60-1103a(a), which covers specified owner-occupied existing residences and specified new construction that becomes the individual owner's principal personal residence. Mail the statement to any one owner or retain a signed and dated owner acknowledgment. Attach the claimant's affidavit of proper warning to the lien statement.

WARNING STATEMENT — NOTICE TO OWNER

NOTICE TO OWNER: [NAME OF SUPPLIER OR SUBCONTRACTOR] is a supplier or subcontractor providing materials or labor on Job No. [JOB NUMBER] at [RESIDENCE ADDRESS] under an agreement with [NAME OF CONTRACTOR]. Kansas law will allow this supplier or subcontractor to file a lien against your property for materials or labor not paid for by your contractor unless you have a waiver of lien signed by this supplier or subcontractor. If you receive a notice of filing of a lien statement by this supplier or subcontractor, you may withhold from your contractor the amount claimed until the dispute is settled.

Signature: ________________________________ Date: [__/__/____]

Affidavit of Service (attach to lien statement when filed):

I, [_______________], being duly sworn, state that the foregoing conforming Warning Statement was properly given under K.S.A. § 60-1103a by [mailing to an owner / obtaining the owner's signed and dated acknowledgment] on [__/__/____].

________________________________
Affiant Signature, sworn before notary

A.2 — Notice of Intent to Perform (New Residential Property) — K.S.A. § 60-1103b

For a claimant under § 60-1101 or § 60-1103 seeking to preserve a lien after title to new residential property passes to a good-faith purchaser for value, file this notice with the district court clerk before the deed is recorded. The notice expires after 18 months unless the claimant files a lien within that period. A paid or discharged claimant must file a release and waiver under § 60-1103b(d).

IN THE DISTRICT COURT OF [_______________] COUNTY, KANSAS

NOTICE OF INTENT TO PERFORM
(K.S.A. § 60-1103b)

To the Clerk of the District Court:

The undersigned, being a [☐ subcontractor ☐ supplier ☐ contractor] furnishing labor, equipment, material, or supplies for an improvement to new residential property, gives notice of intent to perform as follows:

The undersigned states that the undersigned is providing or will provide labor, equipment, material, or supplies for the construction of the new residential property described above.

Date: [__/__/____]

________________________________
[CLAIMANT NAME], [TITLE]
[ADDRESS / PHONE / EMAIL]

Filing Fee: $[__] (confirm with clerk). Keep the file-stamped copy and filing number for the later lien or release.

Part B — Claim of Mechanics Lien

IN THE DISTRICT COURT OF [_______________] COUNTY, KANSAS

MECHANIC'S LIEN STATEMENT
(K.S.A. §§ 60-1101 et seq.)

The undersigned claimant, by this verified statement, claims a mechanic's lien against the real property described below pursuant to Kansas law:

Itemized Statement: Attached as Exhibit A. (Or, if amount is evidenced by written instrument or promissory note, a copy is attached in lieu of itemization per K.S.A. § 60-1102(a)(4).)

VERIFICATION

STATE OF KANSAS, COUNTY OF [_______________], ss.

I, [_______________], being first duly sworn, depose and state: I am [the Claimant / [TITLE] of the Claimant] and am authorized to make this verification. I have read the foregoing Mechanic's Lien Statement and its contents are true and correct. The amount of $[__________] is justly due and owing the Claimant after allowance of all just credits and offsets. The labor, equipment, materials, or supplies described above were furnished and were used or consumed for the improvement of the real property described.

[If § 60-1103a applies:] The conforming Warning Statement was properly given on [__/__/____] as stated in the affidavit attached as Exhibit B.

[If § 60-1103b applies:] A Notice of Intent to Perform was filed with the Clerk of the District Court of [_______________] County, Kansas, on [__/__/____], filing No. [_______________], pursuant to K.S.A. § 60-1103b.

________________________________
Affiant Signature

Print Name / Title: [________________________________]

Subscribed and sworn to before me on [__/__/____] by [_______________].

________________________________
Notary Public — State of Kansas
My commission expires: [__/__/____]

[NOTARY SEAL]

Attached Exhibits:

• Exhibit A — Itemized Statement of Account (or copy of contract / promissory note)
• Exhibit B — Affidavit that Warning Statement was properly given, if applicable
• Exhibit C — File-stamped Notice of Intent to Perform (new residential)

Part C — Notice of Filing a § 60-1103 Lien Claim — K.S.A. § 60-1103(c)

[CLAIMANT LETTERHEAD]

Date: [__/__/____]

TO: [OWNER NAME]
[OWNER ADDRESS]

Via: ☐ Personal service under K.S.A. § 60-304 or § 60-308, as applicable ☐ Restricted mail — Article No. [_______________] ☐ Posting on premises only where § 60-1103(c) permits it

Re: Mechanic's Lien Statement filed with the District Court Clerk of [_______________] County, Kansas, filing No. [_______________], against [PROPERTY ADDRESS]

You are hereby notified, pursuant to K.S.A. § 60-1103(c), that on [__/__/____] the undersigned filed a Mechanic's Lien Statement with the Clerk of the District Court of [_______________] County, Kansas, against the above-described real property in the amount of $[__________]. A true and correct copy of the filed Lien Statement is enclosed.

An action to foreclose this lien generally must be brought within one year after the lien statement was filed. If a promissory note was attached in lieu of an itemized statement, the year runs from the note's maturity (K.S.A. § 60-1105(a)). Demand is made for the amount due and any interest, costs, or fees recoverable on the facts and applicable law.

If no foreclosure action has commenced, K.S.A. § 60-1108 permits the landowner to petition the district court to adjudicate the lien.

Sincerely,

________________________________
[CLAIMANT NAME], [TITLE]
[CLAIMANT ADDRESS / PHONE / EMAIL]

[If property is residential — also serve any holder of a recorded equitable interest, e.g., contract-for-deed purchaser or other equitable owner, by the same methods.]

Retain proof of delivery or posting and identify each required recipient.

Part D — Suit to Foreclose — K.S.A. §§ 60-1105, 60-1106

IN THE DISTRICT COURT OF [_______________] COUNTY, KANSAS

Case No.: [____________]
Division: [____________]

PETITION TO FORECLOSE MECHANIC'S LIEN [AND FOR BREACH OF CONTRACT]

COMES NOW Plaintiff [CLAIMANT NAME], by and through undersigned counsel, and for its Petition states:

Parties, Jurisdiction, and Venue

1. Plaintiff is a [ENTITY TYPE] organized under the laws of [_______________] and conducting business in Kansas.

2. Defendant [OWNER NAME] is, upon information and belief, the record owner of the Property at issue, located in [_______________] County, Kansas.

3. Venue is proper under K.S.A. § 60-601(b)(3), the Property being located in this county. The joined lien claimants, record encumbrancers, and original contractor (if required) are identified under K.S.A. § 60-1106.

General Allegations

4. On or about [__/__/____], Plaintiff entered into a [written / oral] contract with [HIRING PARTY] to furnish [DESCRIBE LABOR/MATERIALS/EQUIPMENT/SUPPLIES] for the improvement of the Property commonly known as [PROPERTY ADDRESS] and legally described as:

[LEGAL DESCRIPTION]

5. Plaintiff furnished labor/materials beginning [__/__/____] and ending [__/__/____].

6. The reasonable value of all labor/materials/equipment/supplies is $[__________]. Plaintiff has been paid $[__________]. The balance due and unpaid, after all just credits and offsets, is $[__________].

7. [If § 60-1103a applies] On [__/__/____], Plaintiff properly gave the conforming Warning Statement, as evidenced by the affidavit attached as Exhibit A.

8. [If § 60-1103b applies] On [__/__/____], Plaintiff filed a Notice of Intent to Perform with the Clerk of the District Court of [_______________] County, Kansas, filing No. [_______________], pursuant to K.S.A. § 60-1103b. A file-stamped copy is attached as Exhibit B.

9. On [__/__/____], Plaintiff filed a verified Mechanic's Lien Statement with the Clerk of the District Court of [_______________] County, Kansas, against the Property in the amount of $[__________]. Plaintiff filed within [four months under § 60-1102(a) / three months under § 60-1103(a)(1) / the applicable five-month nonresidential extension after completing the notice steps under § 60-1102(c) or § 60-1103(e)] of last furnishing. A copy is attached as Exhibit C.

10. [If Plaintiff claims under § 60-1103] Plaintiff gave a copy of the Lien Statement to an owner, any holder of a recorded equitable interest, and any party obligated to pay, by a method permitted under K.S.A. § 60-1103(c), as evidenced by Exhibit D.

11. This action is commenced within [one year after filing the Lien Statement / one year after maturity of the promissory note attached in lieu of itemization], as required by K.S.A. § 60-1105(a).

Count I — Foreclosure of Mechanic's Lien

12. Plaintiff incorporates the preceding paragraphs.

13. Plaintiff has a valid and enforceable mechanic's lien against the Property in the amount of $[__________]. [If supported by the contract and applicable law, state the basis and amount of any interest claimed: [_______________].]

14. Plaintiff is entitled to a judgment foreclosing its lien and ordering sale of the Property and improvements to satisfy the lien.

[If Plaintiff contracted with the hiring party] Count II — Breach of Contract

15. Plaintiff incorporates the preceding paragraphs.

16. [HIRING PARTY] breached the contract by failing to pay $[__________]. Plaintiff seeks judgment for that unpaid sum, [contractual or statutory interest under K.S.A. § 16-201 if due on the pleaded facts], costs, and [attorney's fees only if a stated contract provision or other identified authority permits them].

Prayer for Relief

WHEREFORE, Plaintiff prays for judgment:

A. Establishing and foreclosing Plaintiff's mechanic's lien against the Property in the amount of $[__________], with any separately supported interest and costs;
B. Ordering sale of the Property and improvements per K.S.A. § 60-2410 to satisfy the lien;
C. Determining priority among parties claiming an interest in the Property per K.S.A. § 60-1101;
D. [If the contract count applies] Judgment against [HIRING PARTY] for breach of contract in the amount of $[__________], plus any interest and fees supported by the pleaded contract and applicable law;
E. Costs of suit;
F. Such other and further relief, legal or equitable, as the Court deems just.

Dated: [__/__/____]

________________________________
[ATTORNEY NAME], KS Sup. Ct. No. [_____]
[FIRM NAME]
[ADDRESS / PHONE / EMAIL]
Attorney for Plaintiff

For this foreclosure petition, check that the summons is served or first publication made within 90 days after filing for K.S.A. § 60-2201(a) notice effect. If affected land lies in another county, evaluate the verified-statement filing in that county under § 60-2201(b).

Part E — Pre-Filing Checklist

Eligibility & Project Classification

☐ Confirmed the claimant's actual contract and furnishing facts fit K.S.A. § 60-1101 or § 60-1103(a), including any agreement with a contractor, subcontractor, or owner contractor
☐ Determined claimant's role: direct contractor vs. subcontractor/supplier
☐ Determined property type and whether the § 60-1103a residential definition applies

Pre-Lien Notice Requirements

☐ Direct contractor: No pre-lien notice required
☐ Subcontractor — commercial: No pre-lien notice required
☐ Supplier/subcontractor — qualifying residential claim over $250: Warning Statement mailed or acknowledged (§ 60-1103a) and affidavit prepared
☐ Claimant under § 60-1101 or § 60-1103 — new residential: if preserving a lien after passage of title to a good-faith purchaser, Notice of Intent to Perform filed before deed recording (§ 60-1103b); file-stamped copy and filing number retained
☐ Warning compliance documented: mailing or signed and dated owner acknowledgment

Timing

☐ Calculated filing deadline: four months under § 60-1102 or three months under § 60-1103 from the claimant's last qualifying labor or furnishing
☐ For nonresidential work: considered the correct five-month extension route, including notice within four months for a § 60-1101 claimant (§ 60-1102(c)) or within three months for a § 60-1103 claimant (§ 60-1103(e)), with required mailing
☐ Calendared the § 60-1105(a) foreclosure deadline from lien-statement filing or, if the note-in-lieu exception applies, note maturity
☐ Calendared 18-month expiration of any Notice of Intent to Perform

Lien Statement Contents

☐ Owner of record verified via Register of Deeds
☐ Legal description verified
☐ Parcel ID included
☐ Claimant address sufficient for service of process
☐ Contractor name stated (where claimant is sub)
☐ Itemized statement of amount, or copy of written instrument / promissory note, attached
☐ First and last furnishing dates documented
☐ Verification under oath, notarized
☐ If § 60-1103a applies: affidavit that Warning Statement was properly given attached
☐ If § 60-1103b applies: Notice of Intent to Perform file-stamped copy and filing number referenced

Filing

☐ Filed with Clerk of District Court of correct county
☐ Current filing fee confirmed with clerk and paid
☐ Case number / receipt retained
☐ File-stamped copy of lien obtained

Service of Lien Statement (K.S.A. § 60-1103 claimant)

☐ Method: ☐ Personal service under § 60-304 or § 60-308 ☐ Restricted mail ☐ Posted only if § 60-1103(c) permits it
☐ Served on at least one owner, any recorded equitable-interest holder, and any party obligated to pay
☐ Proof of service, mailing, or posting retained
☐ Where property is residential, confirmed that holder of recorded equitable interest was served (or none exists)

Foreclosure Calendar

☐ Applicable § 60-1105(a) foreclosure deadline calendared from filing or promissory-note maturity
☐ Necessary parties identified (§ 60-1106): filed lien claimants, nonpriority record encumbrancers, and original contractor if claimant is lower tier
☐ Summons service or first publication calendared within 90 days after petition filing for § 60-2201(a) notice effect; any other-county statement considered under § 60-2201(b)

Documentation Retained

☐ Contract / purchase orders / change orders
☐ Itemized invoices, time sheets, delivery tickets
☐ Photographs of work
☐ All correspondence with owner / GC re payment
☐ All notices, affidavits of service, return receipts
☐ File-stamped Mechanic's Lien Statement
☐ Receipts for filing and notarization fees

Sources and References

• K.S.A. Chapter 60, Article 11 (Liens for Labor and Material) — full text: https://ksrevisor.gov/statutes/chapters/ch60/060_011_0000_section.html
• K.S.A. § 60-1101 (Liens of contractors): https://ksrevisor.gov/statutes/chapters/ch60/060_011_0001.html
• K.S.A. § 60-1102 (Filing and recording): https://ksrevisor.gov/statutes/chapters/ch60/060_011_0002.html
• K.S.A. § 60-1103 (Liens of subcontractors): https://ksrevisor.gov/statutes/chapters/ch60/060_011_0003.html
• K.S.A. § 60-1103a (Warning Statement): https://ksrevisor.gov/statutes/chapters/ch60/060_011_0003a.html
• K.S.A. § 60-1103b (Notice of Intent to Perform): https://ksrevisor.gov/statutes/chapters/ch60/060_011_0003b.html
• K.S.A. § 60-1105 (Limitations on action): https://ksrevisor.gov/statutes/chapters/ch60/060_011_0005.html
• Kansas Judicial Council — Mechanic's Lien Forms: https://www.kjc.ks.gov/legal-forms/chapter-60-civil-actions/other