Bond or Lien Claim-Private Work

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for it's content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Statement of Lien Claim.

Scope: State of Kansas, Private Works.

Important: Kansas law provides for payment to first and second tier contractors, subcontractors and material men. Suppliers to suppliers and 'sub-subcontractors' may not have a claim.

Time Constraints: You must have correctly served the required Preliminary Notice (Private Works) within the statutory time frame or you cannot file a lien claim.(see Kansas Preliminary Notice, Private Works, memo for more information).

In the case of residential property, you must have also served a Lien Warning Statement on the appropriate parties within the statutory time frame, or you cannot file a lien claim.(see Kansas Lien Warning Notice, Private Works, memo for more information).

When you file your Statement of Lien Claim depends on what type of entity you represent:

Special Note: On private works Kansas law used to allow that a contractor had a right to lien with priority as of the date the first contractor (not necessarily the claiming contractor) started work on the project, giving contractors and other mechanic’s lien claimant’s great advantage over banks and other parties.  This has changed.  Your claim now may only go back to the first day you actually began work or material delivery on the project.  Because of this change, do your preliminary notices as soon as the contract or agreement is made, but remember your claim will only go to the day you actually performed.

Prime Contractors: You must file your Statement of Lien Claim within 4 months after last furnishing labor, materials or services.

Sub-Contractors and Material Suppliers: You must file your Statement of Lien Claim within 3 months after last furnishing labor, materials or services.

Both cases: Serve a copy of the filed Statement of Lien Claim on the owners and prime contractors immediately after filing.

Perfection: To perfect your mechanic's lien, you must file suit against the relevant parties to foreclose the lien and enforce any bond claim within 1 year of filing the Statement of Lien Claim or 1 year from the maturity date of the promissory note, if any, whichever comes first.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect you lien claims.

Important: Kansas law provides that the liability of the owner shall not be for a greater amount than the owner is contracted to pay the prime contractor, except for those payments to the prime contractor made prior to the expiration of the three month period for filing a lien claim. This means the owner can discharge any lien where the claimant fails to discharge and credit such payments against the amount due the claimant.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (don't pass these up. Estimate if necessary. In the case of Bond Claims, the lenders or sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Statement of Lien Claim, Exhibit's A-D, if needed and the Recorder's Letter.

Procedures: Within the statutory time limits, prepare your documents using the required information. File your lien claim, and send copies by certified mail immediately to the owners (a copy for the prime contractor is also in order)and a copy to the sureties, if known. A this point you are ready to file suit to enforce all of your claims in one action.

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