Residential Property Warning Statement - Kansas

RESIDENTIAL PROPERTY WARNING STATEMENT

K.S.A. 60-1103a

Use this form only for a supplier or subcontractor furnishing labor, equipment, materials, or supplies for an improvement that fits the residential-property definition in § 60-1103a. The warning is not required when the claimant's total claim does not exceed $250.

1. ELIGIBILITY CHECK

Claimant role: ☐ Supplier ☐ Subcontractor

Total claim exceeds $250: ☐ Yes ☐ No

Property qualifies under § 60-1103a(a):

☐ A preexisting structure occupied by the owner when Claimant first furnished, used or intended for no more than two families and not for commercial purposes, including a qualifying appurtenant improvement

☐ New construction owned or acquired by an individual when Claimant first furnished, intended to become and actually becoming that individual's principal personal residence, used or intended for no more than two families and not for commercial purposes

If none applies, stop. This warning statement is not the correct statutory document for the project.

2. STATUTORY WARNING STATEMENT

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.

3. CLAIMANT AND PROJECT DETAILS

Supplier or Subcontractor:

• Legal name: [NAME]
• Address: [ADDRESS]
• Telephone and email: [CONTACT]

Owner:

• Name: [NAME]
• Mailing address: [ADDRESS]

Contractor:

• Name: [NAME]
• Address: [ADDRESS]

Project:

• Job number: [NUMBER]
• Residence address: [ADDRESS]
• County: [COUNTY]
• Description of labor or materials: [DESCRIPTION]
• First furnishing date: [DATE]
• Last furnishing date: [DATE]
• Current claim amount: $[AMOUNT]

4. MAILING RECORD

Section 60-1103a requires either mailing the conforming warning statement to any one owner or possessing a signed and dated statement from any one owner confirming that the general contractor or claimant gave the warning.

Option A — Mailed Warning

• Owner mailed to: [NAME]
• Address: [ADDRESS]
• Mailing date: [DATE]
• Mailing method and proof retained: [METHOD / PROOF]

Option B — Owner Acknowledgment

I, [OWNER NAME], acknowledge that [GENERAL CONTRACTOR / CLAIMANT] gave me the warning statement above.

Owner signature: _______________________________

Date: [DATE]

5. LIEN-PROCEDURE CHECKLIST

This warning does not replace a lien statement.

Supplier or Subcontractor

Under K.S.A. 60-1103, a supplier or subcontractor generally must file the lien statement within three months after last furnishing or last labor. If the warning statement is required, attach the claimant's affidavit that the warning was properly given. After filing, comply with § 60-1103(c)'s service requirements for the filed lien statement.

• Last furnishing / labor date: [DATE]
• Three-month filing date: [DATE]
• Affidavit of warning attached: ☐ Yes ☐ Not required because claim is $250 or less
• Filed lien statement served as required: [DATE / METHOD]

Original Contractor

An original contractor's filing is governed by K.S.A. 60-1102, generally within four months after last furnishing or last labor. For nonresidential property only, §§ 60-1102(c) and 60-1103(e) provide a possible five-month period if a compliant notice of extension is timely filed and mailed. This residential warning is not that extension notice.

Enforcement

Under K.S.A. 60-1105, an action to foreclose generally must be brought within one year after the lien statement is filed, subject to the promissory-note provision in that section.

• Lien filing date: [DATE]
• One-year date: [DATE]

6. CLAIMANT CERTIFICATION

I certify that the information entered above is accurate to the best of my knowledge and that the warning statement was provided as recorded in Section 4.

Signature: _______________________________

Name and title: [NAME / TITLE]

Date: [DATE]

7. SOURCES AND REFERENCES

• K.S.A. 60-1102: https://ksrevisor.gov/statutes/chapters/ch60/060_011_0002.html
• K.S.A. 60-1103: https://ksrevisor.gov/statutes/chapters/ch60/060_011_0003.html
• K.S.A. 60-1103a: https://ksrevisor.gov/statutes/chapters/ch60/060_011_0003a.html
• K.S.A. 60-1105: https://ksrevisor.gov/statutes/chapters/ch60/060_011_0005.html