Mechanics Lien Deadlines in Kansas
Kansas mechanics lien law sets who may claim a lien on real property, the deadline to file a verified lien statement with the district court clerk, and the one-year period to bring a foreclosure action.
Kansas mechanics lien rights arise under Chapter 60, Article 11 of the Kansas Statutes Annotated. The statutes describe the class of claimants who may obtain a lien for labor, equipment, material, or supplies, the time within which a verified lien statement must be filed with the clerk of the district court, and the time within which an action to foreclose the lien must be brought. The filing period differs depending on whether the claimant contracted directly with the owner or supplied labor or materials under an agreement with a contractor or subcontractor.
Filing and enforcing a mechanics lien in Kansas
Any person furnishing labor, equipment, material, or supplies used or consumed for the improvement of real property under a contract with the owner, or with the trustee, agent or spouse of the owner, has a lien upon the property. 1
A supplier, subcontractor or other person furnishing labor, equipment, material or supplies used or consumed at the site under an agreement with the contractor, subcontractor or owner contractor may obtain a lien in the same manner and to the same extent as the original contractor. 2
A claimant under this article must file a verified statement with the clerk of the district court of the county in which the property is located within four months after the date material, equipment or supplies was last furnished or last labor performed under the contract. 3
A supplier or subcontractor's lien statement must state the name of the contractor and be filed within three months after the date supplies, material or equipment was last furnished or labor performed by the claimant. 2
On property other than residential property, a lien may be claimed within five months only if the claimant has filed a notice of extension within four months since last furnishing labor, equipment, materials or supplies to the job site. 3
No action to foreclose a lien may proceed or be entered against residential real property unless the holder of a recorded equitable interest was served with notice in accordance with that subsection. 2
Sources
Any person furnishing labor, equipment, material, or supplies used or consumed for the improvement of real property under a contract with the owner, or with the trustee, agent or spouse of the owner, has a lien upon the property.
A supplier, subcontractor or other person furnishing labor, equipment, material or supplies used or consumed at the site of the property under an agreement with the contractor, subcontractor or owner contractor may obtain a lien in the same manner and to the same extent as the original contractor.
A supplier or subcontractor's lien statement must state the name of the contractor and be filed within three months after the date supplies, material or equipment was last furnished or labor performed by the claimant.
No action to foreclose a lien may proceed or be entered against residential real property unless the holder of a recorded equitable interest was served with notice in accordance with the provisions of that subsection.
The lien claimant must file a verified statement with the clerk of the district court of the county in which the property is located within four months after the date material, equipment or supplies was last furnished or last labor performed under the contract.
On property other than residential property, a lien may be claimed within five months only if the claimant has filed a notice of extension within four months since last furnishing labor, equipment, materials or supplies to the job site.
Frequently asked questions
- Who may claim a mechanics lien in Kansas?
- Any person furnishing labor, equipment, material, or supplies used or consumed for the improvement of real property under a contract with the owner, or with the owner's trustee, agent or spouse, has a lien upon the property. A supplier, subcontractor or other person furnishing labor or materials under an agreement with the contractor, subcontractor or owner contractor may also obtain a lien in the same manner and to the same extent as the original contractor.
- How long do I have to file the lien statement?
- A claimant contracting with the owner must file a verified statement with the clerk of the district court within four months after the date material, equipment or supplies was last furnished or last labor performed under the contract. A supplier or subcontractor must state the name of the contractor and file within three months after the date supplies, material or equipment was last furnished or labor performed by the claimant.
- How long do I have to foreclose a Kansas mechanics lien?
- An action to foreclose a lien under this article must be brought within one year from the time of filing the lien statement.
Last reviewed 8.4.26
This page is general information about state law, not legal advice. Laws change, and how they apply depends on the facts of your situation.