Construction Liens in Kansas

Overview

Sources

Kan. Stat. Ann. §§ 60-1101 et seq.

Authorized Claimants

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, shall have a lien upon the property for the labor, equipment, material or supplies furnished at the site of the property subject to the lien, and for the cost of transporting the same. (K.S.A. 60-1101)

Lien Priority

The lien shall be preferred to all other liens or encumbrances which are subsequent to the commencement of the furnishing of such labor, equipment, material or supplies by such claimant at the site of the property subject to the lien. (K.S.A. 60-1101)

Notices and Registries

Filing Deadlines

Any person claiming a lien on real property, under the provisions of K.S.A. 60-1101, and amendments thereto, shall file with the clerk of the district court of the county in which property is located, within four months after the date material, equipment or supplies, used or consumed was last furnished or last labor performed under the contract a verified statement(K.S.A. 60-1102)

Enforcement Deadlines

An action to foreclose a lien under (K.S.A 60-1101) shall be brought within one year from the time of filing the lien statement, but if a promissory note has been attached to the lien statement in lieu of an itemized statement, the action shall be commenced within one year from the maturity of said note.