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 Lienwriter.com, LLC., Nor
does Lienwriter.com, LLC. 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.
Kansas
Preliminary Notice-Public 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 Lienwriter.com, LLC. Nor
does Lienwriter.com, LLC. 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: Notice of Right to Lien and Request
for Copy of Public Bond.
Scope: State of Kansas, Public Work.
Time Constraints: None. Send anytime after the
start of furnishing. There is no preliminary notice requirement
in this state. However, you may have right to a Public Improvement
lien on unpaid funds or a claim on the project bond. Since that
bond can be liened it is handy to know the facts of the bond.
If you do not have a copy of the surety bond already, we strongly
urge you to send this form. If you do have the information,
you are ready to file your public lien claim.
Information Requirements: The information required
by program.
Form Types: Notice of Right to Lien and Request
for Copy of Public Bond, Exhibits A-D (if needed) and Owner
Letter (if used).
Procedures: Enter the program data, including
Additional Legal Parties or Releases for Other Companies. Copies
of all of the forms must be sent to all public entities involved.
Important: Obtaining the public bond information,
and filing against that bond, may represent your only chance
of recovery if all public funds have been disbursed. We strongly
urge you to obtain this information if at all possible.
