Pre-lien Notice / Notice to Owner

KANSAS PRE-LIEN NOTICE

(“Notice to Owner / Notice of Furnishing”)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Exhibit A – Property Description
12. Exhibit B – Affidavit of Service

1. DOCUMENT HEADER

Kansas Pre-Lien Notice
Effective Date: [DATE]

Claimant: [CLAIMANT LEGAL NAME], a [State & Entity Type], having its principal place of business at [Address] (“Claimant”).

Owner: [OWNER LEGAL NAME], of [Address] (“Owner”).

Prime Contractor (if any): [PRIME CONTRACTOR LEGAL NAME], of [Address] (“Prime Contractor”).

Project: [Common Project Name / Description] located at [Street Address, City, County, KS ZIP]; full legal description attached hereto as Exhibit A (“Project Site”).

Recitals
A. Claimant has furnished or will furnish certain labor, services, equipment, and/or materials (“Work”) for improvement of the Project Site pursuant to an agreement with [Name of Party With Whom Claimant Contracted] (“Contract Party”).
B. Kansas law permits potential lien claimants to preserve mechanic’s lien rights by timely serving a pre-lien notice on the Owner (and, where applicable, the Prime Contractor).
C. Claimant hereby issues this Notice on the Effective Date in accordance with Kansas statutory requirements.

2. DEFINITIONS

For purposes of this Notice, capitalized terms have the meanings set forth below and apply uniformly throughout the document:

“Contract Amount” – The total price, whether fixed or estimated, for the Work that Claimant agreed to furnish, presently calculated at $[Contract Amount].

“Notice Date” – The date stated in the Execution Block on which Claimant signs and causes service of this Notice.

“Unpaid Amount” – The portion of the Contract Amount that remains unpaid as of the Notice Date, presently $[Unpaid Amount].

“Work” – The labor, materials, equipment, professional services, or any combination thereof, furnished or to be furnished by Claimant to or for the improvement of the Project Site.

3. OPERATIVE PROVISIONS

3.1 Notice of Furnishing and Potential Lien Rights
(a) Claimant hereby gives formal notice that it has furnished or intends to furnish the Work at the Project Site.
(b) If the Unpaid Amount is not paid when due, Claimant intends to assert a mechanic’s lien against the Project Site and any retained contract funds, as permitted by Kansas law.

3.2 Timing Compliance
This Notice is being served within the statutory period calculated from Claimant’s [first/last] date of furnishing Work, so as to preserve Claimant’s right to file a mechanic’s lien.

3.3 Service of Notice
Concurrently with execution, Claimant shall serve this Notice by [Certified Mail, Return Receipt Requested / Personal Service / Any Statutorily Permitted Method] upon:
(i) Owner at the address set forth above; and
(ii) Prime Contractor at the address set forth above (if any).

Proof of such service shall be executed in the form attached hereto as Exhibit B.

3.4 Description of Work and Amounts
A summary of the Work furnished and the amounts claimed is set forth below:

• Type of Work: [Brief Description]
• First Date Furnished: [MM/DD/YYYY]
• Last Date Furnished (to date): [MM/DD/YYYY]
• Contract Amount: $[___]
• Payments Received: $[___]
• Unpaid Amount Claimed: $[___]

4. REPRESENTATIONS & WARRANTIES

4.1 Authority and Good Standing
Claimant represents that it is duly organized, validly existing, and in good standing under the laws of its state of formation and authorized to transact business in Kansas.

4.2 Accuracy and Completeness
Claimant warrants that the factual statements contained in this Notice are true, correct, and complete to the best of its knowledge, information, and belief as of the Notice Date.

4.3 Licensure and Compliance
To the extent required by law, Claimant holds all licenses, registrations, and permits necessary to perform the Work.

4.4 Survival
The representations and warranties herein shall survive service of this Notice and any subsequent payment or lien filing until the earlier of (i) satisfaction of the Unpaid Amount, or (ii) expiration of the statutory lien-filing period.

5. COVENANTS & RESTRICTIONS

5.1 Covenant to Release Lien Upon Payment
Upon receipt of full payment of the Unpaid Amount (including any applicable interest, costs, and attorney fees), Claimant shall execute and deliver to Owner a full and unconditional lien release.

5.2 No Waiver of Statutory Rights
Nothing herein shall be construed as a waiver or modification of Claimant’s mechanic’s lien rights, bond rights, or other remedies arising under Kansas law, all of which are expressly preserved.

6. DEFAULT & REMEDIES

6.1 Events of Default
Failure of Owner or any party obligated on the Contract Amount to pay the Unpaid Amount within [10] days after written demand shall constitute a default.

6.2 Remedies
Upon default, Claimant may, without further notice:
(a) File a mechanic’s lien statement with the Clerk of the District Court pursuant to Kansas statutes;
(b) Commence an action to foreclose such lien and recover the Unpaid Amount, interest at the statutory rate, reasonable attorney fees, and costs of collection; and
(c) Pursue any other remedies available at law or in equity.

6.3 Attorneys’ Fees
If Claimant enforces its rights arising from this Notice, the prevailing party shall be entitled to recover its reasonable attorney fees, court costs, and expenses.

7. RISK ALLOCATION

7.1 Limitation of Liability
To the fullest extent permitted by law, Claimant’s aggregate liability to Owner in connection with the Work shall not exceed the Contract Amount actually paid to and retained by Claimant.

8. DISPUTE RESOLUTION

8.1 Governing Law
This Notice and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflict-of-law principles.

8.2 Forum Selection
The parties consent to exclusive jurisdiction and venue in the state courts of competent jurisdiction located in [County Where Project Is Situated], Kansas for any action relating to this Notice, lien enforcement, or the Work.

8.3 Arbitration; Jury Waiver
No arbitration agreement or jury-trial waiver is incorporated herein. All disputes shall be resolved in the forum specified above.

8.4 Injunctive Relief
Nothing herein shall restrict Claimant’s right to seek provisional or injunctive relief to preserve the status quo, enforce its lien rights, or prevent dissipation of project funds.

9. GENERAL PROVISIONS

9.1 Amendments and Waivers
No amendment or waiver of any provision of this Notice shall be effective unless in writing and signed by Claimant.

9.2 Assignment
Claimant may assign its rights to payment and to assert a mechanic’s lien to a secured lender or bonding company as collateral security; any other assignment requires Owner’s prior written consent.

9.3 Severability
If any provision of this Notice is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to make it enforceable.

9.4 Entire Agreement
This Notice constitutes the entire notice required to preserve Claimant’s mechanic’s lien rights and supersedes all prior or contemporaneous communications regarding such notice.

9.5 Counterparts; Electronic Signatures
This Notice may be executed in multiple counterparts, each of which shall be deemed an original. Signatures transmitted by electronic means shall be deemed original signatures for all purposes.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, Claimant has executed this Kansas Pre-Lien Notice as of the Notice Date written below.

CLAIMANT:
_________________________________________
By: [Name, Title]
Date: [MM/DD/YYYY]

[OPTIONAL NOTARIZATION – verify local practice]
State of ________ )
County of _______ ) ss.
Subscribed and sworn before me on this ___ day of __________, 20__, by ______________________________ as _____________________ of the above-named Claimant.
___________________________________
Notary Public
My commission expires: _____________

11. EXHIBIT A – PROPERTY DESCRIPTION

[Insert full legal description of the Project Site exactly as it appears on the deed or title. If unavailable, attach a plat map or metes-and-bounds description.]

12. EXHIBIT B – AFFIDAVIT OF SERVICE

State of ____________ )
County of __________ ) ss.

I, [Name of Affiant], being duly sworn, state:

1. I am over 18 years of age and competent to testify to the matters set forth herein.

2. On [MM/DD/YYYY], I served the foregoing Kansas Pre-Lien Notice upon:
   a. Owner: [Name & Address]
   b. Prime Contractor: [Name & Address] (if applicable)

3. Service was effected by [Certified Mail, Return Receipt Requested tracking no. ______ / Personal Hand Delivery / Other Permitted Method].

4. Attached hereto are true copies of the signed return receipts / delivery confirmations.

____________________________________
[Affiant Signature]
Date: _____________

Subscribed and sworn before me this ___ day of _____________, 20__, by ______________________________.
____________________________________
Notary Public
My commission expires: _______________