Kansas Preliminary Notice, Private Work
Preliminary Notice-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 its 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 Type: Notice of Intent to Perform and Warning Statement (new residential private work), or Preliminary Notice for Furnishing Labor, Materials or Equipment (all other private works)
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: The type of preliminary notice you use for Kansas private works depends on the type of work you are doing (the program will prompt you to identify the type of work):
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.
New Residential Work: If you are furnishing labor, materials or services to new residential property, file a Notice of Intent to Perform and Warning Statement with the County Recorder’s office where the project is located. Serve copies of the filed notice by certified mail or personal service on the owners, prime contractors, lenders and sureties after filing your claim.
Other Private Work: Serve a copy of the Preliminary Notice for Furnishing Labor, Materials or Equipment by certified mail or personal service on the owners, prime contractors, lenders and sureties.
Both: There is no specific time requirement to serve the Notice of Intent, but it must be done before a mechanic’s lien or bond claim can be made, and those must be made within three months (four months for the prime contractor)after the last furnishing of labor, materials or services. We suggest you serve said notice as soon as you possibly can.
Note: Preliminary Notices are not required for Kansas private jobs in all cases. However, because of the frequent and easy confusion as to what jobs should or should not be pre-liened and the tendency of attorneys to exploit those differences, we strongly urge to send Preliminary Notices in all cases. If there is any confusion as to the types of job, assume it is new residential construction .
Information Requirements: The type of document you need, the information required by the program and whether you intend to send an owner cover letter.
Form Types: Notice of Intent to Perform and Warning Notice(new residential private works), or Preliminary Notice for Furnishing Labor, Materials or Equipment (other private works), Exhibits A-D (if needed), Recorder's Letter (new residential private works only) and the Owner Letter (if used).
Procedures: Enter the program data, including Additional Legal Parties or Releases for Other Companies. Where required, serve a copy on the owners, prime contractors, lenders and sureties within the time frames described above. You may optionally send copies of all of the forms (less the Owner Cover Letter) to your customer.
When in doubt, file your lien claim immediately.
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