Kansas Construction Lien Resources
Subs and suppliers file within 3 months, original contractors within 4 months, and a notice of extension can stretch either to 5 months on non-residential jobs. Everything a contractor, subcontractor or supplier needs to protect lien rights in Kansas.
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Subcontractor or supplier files lien after last furnishing
Original contractor files lien after last furnishing
Extended deadline with a timely notice of extension (non-residential only)
Sue to foreclose after filing the lien statement
Kansas deadline calculator
Enter your dates and see every deadline in order. Red rows are the ones that can cost you the lien.
How a Kansas lien comes together
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Residential jobs (no fixed statutory deadline)
Give the residential warning statement
On owner-occupied residential improvements and new homes built as an individual’s principal residence, a sub or supplier can claim a lien only if it mailed the statutory warning statement to an owner, or holds an owner-signed statement that the general contractor or claimant gave it. It is not required if the total claim is $250 or less.
K.S.A. 60-1103a
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Before the deed to a buyer is recorded (new residential)
File a notice of intent to perform
On new 1-2 family homes, a claimant who wants lien rights after the home passes to a good faith buyer must file a notice of intent to perform with the district court clerk before the deed is recorded. The notice expires after 18 months unless a lien is filed.
K.S.A. 60-1103b
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Within 3 months (sub) or 4 months (original contractor) after last furnishing
File the lien statement or a notice of extension
File a verified lien statement with the clerk of the district court in the county where the property sits. On non-residential jobs, a notice of extension filed and mailed within that same window extends the lien deadline to 5 months.
K.S.A. 60-1102(a), (c); 60-1103(a)(1), (e)
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Within 5 months after last furnishing (if extended)
File the extended lien
If a timely notice of extension was filed on a non-residential job, the lien statement must be filed within 5 months after last furnishing.
K.S.A. 60-1102(c); 60-1103(e)
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After filing (subcontractors and suppliers)
Serve the lien statement
A sub or supplier serves a copy on any one owner, any recorded equitable interest holder and any party obligated to pay. Service is personal, by restricted mail, or by posting on the premises if an address cannot be found.
K.S.A. 60-1103(c)
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Within 1 year after filing
Sue to foreclose
An action to foreclose must be brought within one year from filing the lien statement. If a promissory note was attached instead of an itemized statement, the year runs from the note’s maturity.
K.S.A. 60-1105
The Kansas rules, abstracted
A working summary of the Kansas Mechanic’s Lien Law for notice, recording and enforcement.
Who has lien rights
Anyone who furnishes labor, equipment, material or supplies for the improvement of real property under a contract with the owner (or the owner’s trustee, agent or spouse) has a lien. Suppliers, subcontractors and others who furnish at the site under an agreement with the contractor, a subcontractor or an owner contractor can also claim a lien. An owner contractor is a fee owner who contracts with more than one party for the improvement.
Pre-lien notices
Kansas has no general preliminary notice on commercial jobs. Two residential notices apply. On owner-occupied residential improvements, and on new construction that becomes an individual’s principal residence, a sub or supplier can claim a lien only if it mailed a statutory warning statement to an owner, or holds an owner-signed statement that the general contractor or claimant gave it. It is not needed if the claim is $250 or less. If required, an affidavit that it was given must be attached to the lien statement. On new 1-2 family homes, a notice of intent to perform must be filed with the district court clerk before the deed to a good faith buyer is recorded, or lien rights after the sale are lost.
Notice of extension
Kansas has no notice of commencement or completion. Instead, on property other than residential property, a claimant can get extra time by filing a notice of extension. Original contractors file within 4 months after last furnishing and mail it by certified and regular mail to the owner. Subs and suppliers file within 3 months and mail it by certified and regular mail to the general contractor or construction manager, with a copy to the owner by regular mail if known. Either way, the lien deadline becomes 5 months. The notice is sufficient if it substantially complies with the Judicial Council form.
The lien itself
The lien is a verified statement filed with the clerk of the district court in the county where the property is located. It must show the owner’s name, the claimant’s name and address for service, a property description, and a reasonably itemized statement and amount. A sub or supplier must also name the contractor. Deadlines: 4 months after last furnishing for the original contractor and 3 months for subs and suppliers, or 5 months with a timely notice of extension on non-residential property.
Service of the lien
Subs and suppliers must serve a copy of the lien statement on any one owner, any holder of a recorded equitable interest and any party obligated to pay. Service can be personal (as for a summons), by restricted mail, or by posting on the premises if the address cannot be found with reasonable diligence. Proof of actual receipt also satisfies the rule. On residential property, no foreclosure may proceed unless the recorded equitable interest holder was served. Section 60-1102 does not set a service step for original contractors.
Enforcement deadline
A suit to foreclose must be brought within one year after the lien statement is filed. If a promissory note was attached instead of an itemized statement, the year runs from the note’s maturity. The judge may allow amendments to the lien statement, but not to increase the amount claimed.
Owner protections
An owner is not liable for more than the price owed the original contractor, except for payments made before the 3-month sub lien period runs out (when no warning statement is required) or after the owner received a warning statement (when one is required). The owner may discharge a sub’s lien the contractor fails to discharge and credit that against the amount due the contractor. A contractor or owner may also file a court-approved bond that discharges liens.
Kansas quirks
Liens are filed with the district court clerk, not the register of deeds. The 5-month extension does not apply to residential property, meaning a structure built as a residence for not more than two families. The Kansas Fairness in Private Construction Contract Act voids advance lien waivers on private jobs, but it does not apply to single-family homes, multifamily of four units or less, or public works.
Where Kansas liens go wrong
- Filing the lien with the register of deeds instead of the clerk of the district court.
- Counting on the 5-month extension on a residential job, where it does not apply.
- Skipping the residential warning statement or forgetting the affidavit that it was given.
- Missing the one-year deadline to file suit after the lien statement is filed.
What do I need to send?
- On owner-occupied or new owner-residence jobs, mail the warning statement to an owner (claims over $250) and attach the affidavit to any lien.
- On new 1-2 family homes, file a notice of intent to perform before the deed to a buyer is recorded.
- File the verified lien statement, naming the contractor, within 3 months after last furnishing.
- On non-residential jobs, file and mail a notice of extension within 3 months to get to 5 months.
- Serve the filed lien on an owner, recorded equitable interest holders and the party obligated to pay.
- Track your last furnishing date on every job.
- File the verified lien statement with the district court clerk within 4 months after last furnishing.
- On non-residential jobs, file a notice of extension within 4 months and mail it certified and regular mail to the owner to get to 5 months.
- On new 1-2 family homes, file a notice of intent to perform before the deed to a buyer is recorded to keep lien rights after the sale.
- On covered private jobs, K.S.A. 16-1803(f) requires paying subs within 7 business days after you are paid, if the sub gave a timely, complete and undisputed pay request. This does not apply to 1-4 unit residential or public works.
- On covered private commercial jobs, a contract may require lien waivers as a condition of payment only to the extent of the payment received.
- Payments to the contractor made after you receive a warning statement do not limit your exposure to sub liens.
- You may discharge a sub’s lien the contractor fails to discharge and credit it against the contract.
- A bond under K.S.A. 60-1110, approved by a district judge and filed, discharges filed liens.
- A claimant paid in full must file a release of its notice of intent to perform.
Public projects: payment bonds
You can’t lien public property. On state and local jobs, your security is the contractor’s payment bond under the Kansas public works bond statute, K.S.A. 60-1111.
- Public contracts over $100,000 require the contractor to give a bond conditioned on paying for labor, materials, equipment and supplies used in the work.
- The bond is filed with the clerk of the district court in the county of the project. Once filed, no lien attaches and earlier liens are discharged.
- Anyone owed for labor or material may sue on the bond, but no action may be brought more than six months after completion of the public improvement or building.
- On certain state agency contracts under K.S.A. 75-3739 or 75-3741, a certificate of deposit may replace the bond, and claims go to the director of purchases under K.S.A. 60-1112.
K.S.A. 60-1111
Lien waivers
Kansas does not provide statutory lien waiver forms. On private jobs covered by the Fairness in Private Construction Contract Act, a contract term that waives mechanic’s lien rights is void, except that a contract may require a waiver or release as a condition of payment, only to the extent of the payment received. Pay-if-paid clauses are no defense to a mechanic’s lien claim on those jobs. The Act does not apply to single-family homes, multifamily of four units or less, or public works. On new residential jobs, a claimant who filed a notice of intent to perform must file a release and waiver once paid in full.
K.S.A. 16-1803(b)(2), (c); 16-1807; 60-1103b(d)
Federal projects
The Miller Act governs federal jobs in every state. Second-tier claimants give written notice to the prime contractor within 90 days after last furnishing; suit within 1 year after last furnishing.
40 U.S.C. 3133
Read the Kansas law
We link to the official statute instead of hosting a copy, so you always read the current version. Our summaries were last checked against these sources on October 6, 2026.
Kansas services
Flat pricing per document. Premium members pay less on every filing.
Basic: free with signup. Premium: $299 per year.
Basic Membership
Create your free LienNow account to access all our services at standard pricing. No cost, no commitment. Sign up in minutes and start filing right away at our standard pricing. It’s a good fit for contractors and suppliers who file occasionally.
Premium Membership
Premium includes everything in Basic, plus discounted pricing across our service offerings. If you file notices or liens regularly, the savings can quickly cover the annual fee.
| Service | Premium | Basic |
|---|---|---|
| Residential notice | Starting at $55 | Starting at $90 |
| Notice of intent to lien (optional demand) | Starting at $75 | Starting at $110 |
| Notice of extension | Starting at $75 | Starting at $110 |
| Lien statement: prepare, record and serve | Starting at $250 | Starting at $425 |
| Lien release / discharge | Starting at $110 | Starting at $165 |
| Public job bond notice or claim | Starting at $210 | Starting at $375 |
| Miller Act bond notice or claim (federal jobs) | Starting at $195 | Starting at $350 |
| Title search and legal description | Starting at $300 | Starting at $350 |
| Rush service (within 7 business days) | Starting at $75 | Starting at $150 |
| Same-day service (24-hour turnaround) | Starting at $125 | Starting at $200 |
| Electronic recording (e-file) | Starting at $45 | Starting at $75 |
Prices are LienNow service fees per document. County recording fees, state registry or portal fees, certified mail, postage and notary fees are billed at cost. Court actions to enforce a lien are handled by an attorney and are not included.
Kansas lien questions
How long does a subcontractor have to file a mechanic's lien in Kansas?
Within three months after the date the claimant last furnished supplies, material or equipment or performed labor. On non-residential property, a notice of extension filed within that three months extends the deadline to five months.
Where is a Kansas mechanic's lien filed?
With the clerk of the district court of the county where the property is located.
Does Kansas require a preliminary notice?
Not on commercial jobs. On owner-occupied residential improvements and new homes built as an individual’s principal residence, a sub or supplier must give an owner the statutory warning statement, unless the claim is $250 or less. New 1-2 family homes also have a notice of intent to perform that must be filed before the deed to a buyer is recorded.
How long do I have to enforce a Kansas lien?
An action to foreclose must be brought within one year from the time the lien statement is filed, or within one year from the maturity of a promissory note attached in place of an itemized statement.
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The information on this page is general information about Kansas law as of the review date shown. It is not legal advice, and LienNow is not a law firm. Deadlines depend on the facts of each project. Consult a licensed Kansas attorney about your specific situation.