Private Works — 1-Year Suit Deadline
Under Kansas law, a mechanic lien claimant must file suit to foreclose the Mechanic's Lien within 1 year after the date the mechanic lien statement was filed (recorded). This deadline applies to both contractors and subcontractors alike.
Failure to commence suit within the 1-year period will result in the automatic expiration of the mechanic lien. The mechanic lien will no longer encumber the property, and the claimant will lose the security interest. Prompt action is essential once a mechanic lien statement has been recorded.
Promissory Note Exception — Suit Deadline Tied to Note Maturity
Kansas provides a special rule when a promissory note is attached to the mechanic lien statement instead of an itemized statement of the amounts owed. In this case, the claimant must file suit within 1 year of the date the promissory note becomes due, rather than 1 year after the mechanic lien statement was filed.
This distinction is important because the note's maturity date may be earlier or later than the mechanic lien filing date. Claimants who attach promissory notes to their mechanic lien statements should carefully track the note's due date to ensure timely filing of the enforcement suit.
Public Works — Bond Claim Suit Within 6 Months of Project Completion (K.S.A. §60-1110)
On Kansas public works projects, subcontractors and material suppliers must file suit on the payment bond within 6 months after the completion of the project. There are no special statutory provisions requiring preliminary notice or other notices as a condition of filing suit on a public works payment bond.
The 6-month deadline is measured from the date of project completion, not from the claimant's last date of performance. This is an important distinction because the project completion date may be significantly later than the individual claimant's last furnishing date. Claimants should monitor the project completion date to ensure timely filing.
Public Works — Payment Bond Requirements (K.S.A. §60-1110 to §60-1112)
Kansas law requires a payment bond on public works projects with a minimum amount of 100% of the contract price. This provides robust protection for subcontractors and material suppliers on government projects, ensuring a full bond is available to cover unpaid claims.
The payment bond is the sole security mechanism available to unpaid subcontractors and suppliers on public works projects, as Mechanic's Liens cannot be filed against public property. All claimants on public works projects should verify that a payment bond is in place and should file claims against the bond within the 6-month statutory deadline.
No Mechanic's Lien on Public Property
As with all states, Kansas does not permit the filing of Mechanic's Liens on public property. Subcontractors and material suppliers working on public works projects must rely on the payment bond required under K.S.A. §60-1110 to §60-1112 as their remedy for non-payment.
Claimants on public works projects should ensure they understand and comply with the 6-month suit deadline measured from project completion. National Lien & Bond assists claimants in navigating these requirements to maximize recovery on public works projects.
Frequently Asked Questions
What is the deadline to file a mechanic lien enforcement suit in Kansas?
On private projects, a claimant must file suit to foreclose the Mechanic's Lien within 1 year after the date the mechanic lien statement was filed. If a promissory note is attached to the mechanic lien statement instead of an itemized statement, suit must be filed within 1 year of the date the note becomes due.
What is the deadline to file a payment bond claim suit on a Kansas public project?
Under K.S.A. §60-1110 to §60-1112, subcontractors and material suppliers must file suit on the payment bond within 6 months after the completion of the project. No special preliminary notice is required before filing suit.
Can I file a mechanic lien on a public project in Kansas?
No. Kansas law does not permit Mechanic's Liens on public property. Payment claims on public works must be pursued through the payment bond required under K.S.A. §60-1110 to §60-1112, which must be a minimum of 100% of the contract amount.
What is the minimum payment bond requirement on Kansas public works projects?
Kansas law requires a minimum payment bond of 100% of the contract price on public works projects under K.S.A. §60-1110 to §60-1112. This provides full bond coverage for unpaid subcontractors and material suppliers.
What happens if a promissory note is attached to a Kansas mechanic lien statement?
If a promissory note is attached to the mechanic lien statement instead of an itemized statement, the suit filing deadline changes: the claimant must file suit within 1 year of the date the promissory note becomes due, rather than 1 year after the mechanic lien statement was filed.
Related Kansas Resources
Explore other critical compliance areas for Kansas construction mechanic lien law.
Notice Requirements
Statutory notice obligations including residential warning statements and Notice of Intent to Perform under Kansas law
Mechanic Lien Deadlines
Contractor and Subcontractor Mechanic Lien Statement filing requirements, 4-month and 3-month deadlines, and statutory extensions
Kansas Overview
Return to the main Kansas construction mechanic lien law page