Mechanics Lien Filing Package — Kansas

Mechanics Lien Filing Package (KANSAS)

Quick-Reference Summary

Part A — Pre-Lien Notice

A.1 — Subcontractor's Warning Statement (Pre-Existing Residential Property) — K.S.A. § 60-1103a

Required where claimant is a subcontractor or supplier furnishing labor or materials to PRE-EXISTING residential property (any residential improvement other than a brand-new residence, including additions, garages, outbuildings, remodels). Must be served on the owner. An affidavit of proper service is attached to the lien statement when filed.

WARNING STATEMENT — NOTICE TO OWNER

A SUBCONTRACTOR OR SUPPLIER OF GOODS OR SERVICES WHO PROVIDES LABOR, EQUIPMENT, MATERIAL OR SUPPLIES FOR AN IMPROVEMENT TO YOUR PROPERTY AND IS NOT PAID HAS A RIGHT TO FILE A LIEN AGAINST YOUR PROPERTY. A LIEN MAY BE FILED EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL. THE EXPENSE OF DEFENDING ANY SUCH CLAIM COULD BECOME YOUR RESPONSIBILITY AND COULD EXCEED THE AMOUNT YOU OWE YOUR CONTRACTOR. THIS WARNING IS GIVEN TO YOU PURSUANT TO PROVISIONS OF K.S.A. 60-1103a. THIS WARNING IS REQUIRED TO BE GIVEN BY THE SUPPLIER OR SUBCONTRACTOR. THE CONTRACTOR HAS NOTHING TO DO WITH THIS WARNING NOTICE.

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

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

I, [_______________], being duly sworn, depose and state that I served the foregoing Warning Statement upon the owner of the above-described property, [OWNER NAME], on [__/__/____] by [method] in compliance with K.S.A. § 60-1103a.

________________________________
Affiant Signature, sworn before notary

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

Required where claimant is a subcontractor or supplier on NEW residential property (a new structure for use as a residence, not for more than two families, not commercial). Must be FILED with the Clerk of the District Court of the county where the property is located BEFORE recording of a deed transferring title to a good-faith purchaser for value. Effective for 19 months from filing.

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: approximately $[__] (confirm with clerk). Keep file-stamped copy and case number — the case number will be needed to file the lien (or Release of Notice of Intent to Perform).

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 the contents thereof are true and correct to the best of my knowledge, information, and belief. 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 subcontractor on pre-existing residential property, also include:] The Warning Statement required by K.S.A. § 60-1103a was duly served on the Owner on [__/__/____] in the manner stated in the affidavit attached as Exhibit B.

[If subcontractor on new residential property, also include:] A Notice of Intent to Perform was filed with the Clerk of the District Court of [_______________] County, Kansas, on [__/__/____], Case 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 of Service of Warning Statement (pre-existing residential)
• Exhibit C — File-stamped Notice of Intent to Perform (new residential)

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

[CLAIMANT LETTERHEAD]

Date: [__/__/____]

TO: [OWNER NAME]
[OWNER ADDRESS]

Via: ☐ Personal service per K.S.A. § 60-304 (by sheriff or process server) ☐ Restricted mail / certified mail with return receipt requested — Article No. [_______________] ☐ Posted on premises (only if address cannot be ascertained with reasonable diligence)

Re: Mechanic's Lien Statement filed in the District Court of [_______________] County, Kansas, Case 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.

Action to enforce this lien must be commenced within one (1) year of the date of filing (K.S.A. § 60-1105). Demand is hereby made for payment of the amount due, including interest, costs, and attorney's fees as allowed by Kansas law.

You are advised that under K.S.A. § 60-1108 you have the right to file an action to adjudicate the validity of, or to cancel, this 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.]

Affidavit / Proof of Service to be filed in the case.

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. Jurisdiction and venue are proper under K.S.A. § 60-601 and K.S.A. § 60-1106, the Property being located in this county.

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. [Subcontractor pre-existing residential] On [__/__/____], Plaintiff served the Warning Statement required by K.S.A. § 60-1103a on the Owner, as evidenced by the affidavit of service attached as Exhibit A.

8. [Subcontractor new residential] On [__/__/____], Plaintiff filed a Notice of Intent to Perform with the Clerk of the District Court of [_______________] County, Kansas, Case 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 $[__________], within [4 months — direct contractor / 3 months — subcontractor or supplier] of the last labor or materials furnished, as required by K.S.A. §§ 60-1102, 60-1103. A copy is attached as Exhibit C.

10. Plaintiff served the Lien Statement on the Owner [and any holder of a recorded equitable interest] in the manner required by K.S.A. § 60-1103(c), as evidenced by Exhibit D.

11. This action is commenced within one (1) year of the date of filing the Lien Statement, 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 $[__________], plus interest, costs, and attorney's fees as allowed by Kansas law.

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

Count II — Breach of Contract

15. Plaintiff incorporates the preceding paragraphs.

16. [HIRING PARTY] breached the contract by failing to pay $[__________]. Plaintiff is entitled to judgment in that amount, plus prejudgment interest at the contract rate or statutory rate under K.S.A. § 16-201, costs, and attorney's fees as provided by the contract.

Count III — Quantum Meruit (alternative)

17. Plaintiff incorporates the preceding paragraphs.

18. Plaintiff conferred a benefit on Defendant Owner by improving the Property. The reasonable value is $[__________], and equity requires restitution.

Prayer for Relief

WHEREFORE, Plaintiff prays for judgment:

A. Establishing and foreclosing Plaintiff's mechanic's lien against the Property in the amount of $[__________], plus interest, costs, and attorney's fees;
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. Judgment against [HIRING PARTY] for breach of contract in the amount of $[__________], plus prejudgment interest, costs, and attorney's fees;
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

[File concurrently with: Notice of Lis Pendens — K.S.A. § 60-2201]

Part E — Pre-Filing Checklist

Eligibility & Project Classification

☐ Confirmed claimant has lien rights under K.S.A. §§ 60-1101 or 60-1103 (contractor in privity with owner, subcontractor, or supplier; sub-subs and suppliers-to-suppliers excluded)
☐ Determined claimant's role: direct contractor vs. subcontractor/supplier
☐ Determined property type: commercial / new residential / pre-existing residential

Pre-Lien Notice Requirements

☐ Direct contractor: No pre-lien notice required
☐ Subcontractor — commercial: No pre-lien notice required
☐ Subcontractor — pre-existing residential: Warning Statement served on owner (§ 60-1103a) and affidavit of service prepared
☐ Subcontractor — new residential: Notice of Intent to Perform FILED with district court clerk before deed to good-faith purchaser recorded (§ 60-1103b); file-stamped copy retained; case number captured
☐ Service method documented: personal delivery or certified mail RRR

Timing

☐ Calculated filing deadline: 4 months (contractor) or 3 months (sub/supplier) from last labor/materials
☐ For non-residential subcontractor: considered filing Notice of Extension within 3 months to extend filing window to 5 months (§ 60-1103(e))
☐ Calendared 1-year foreclosure deadline from anticipated filing date (§ 60-1105) — strict
☐ Calendared 19-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
☐ For pre-existing residential subs: affidavit of Warning Statement service attached
☐ For new residential subs: Notice of Intent to Perform file-stamped copy and case number referenced

Filing

☐ Filed with Clerk of District Court of correct county
☐ Filing fee paid (approx. $36; confirm with clerk)
☐ Case number / receipt retained
☐ File-stamped copy of lien obtained

Service of Lien Statement (Subcontractor — K.S.A. § 60-1103(c))

☐ Method: ☐ Personal service per § 60-304 ☐ Restricted/certified mail RRR ☐ Posted (only if address truly unascertainable)
☐ Served on at least one owner, any recorded equitable-interest holder, and any party obligated to pay
☐ Affidavit / proof of service prepared for filing
☐ Where property is residential, confirmed that holder of recorded equitable interest was served (or none exists)

Foreclosure Calendar

☐ 1-year deadline calendared and triple-verified
☐ Necessary parties identified (§ 60-1106): owner, equitable-interest holders, contractor, lien claimants, lienholders
☐ Lis pendens template prepared

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
• Levelset — Kansas Mechanics Lien Guide: https://www.levelset.com/mechanics-lien/kansas-lien-law-faqs/
• Shawnee County District Court — Mechanic's Lien Help Sheet: https://shawneecourt.org/DocumentCenter/View/1345