Kansas Notice Requirements

Contractors — Preliminary Notice Not Required (K.S.A. §60-1102)

Kansas law does not require general contractors to serve any preliminary notice as a prerequisite to filing a Contractor's Mechanic Lien Statement on private construction projects. Contractors who contract directly with the property owner may proceed to file their mechanic lien statement within the statutory deadline without any prior notice obligation.

However, contractors on residential projects are subject to the Notice of Intent to Perform requirement under K.S.A. §60-1103B, which applies when property title is being transferred. While this is not a traditional preliminary notice, contractors should be aware of this obligation in connection with residential property transactions.

Subcontractors & Material Suppliers — Residential Warning Statement (K.S.A. §60-1103a)

Subcontractors and material suppliers seeking to file a mechanic lien on residential property in Kansas must comply with the warning statement requirement under K.S.A. §60-1103a. Before commencing performance, the claimant must either: (a) mail a warning statement to any one owner of the property, or (b) possess a copy of a statement signed and dated by any one owner of the property confirming that the general contractor or the claimant provided the warning statement.

The warning statement must contain substantially the following language: 'Notice to owner: (name of supplier or subcontractor) is a supplier or subcontractor providing materials or labor on Job No. ___ at (residence address) under an agreement with (name of contractor). Kansas law will allow this supplier or subcontractor to file a mechanic lien against your property for materials or labor not paid for by your contractor unless you have a waiver of mechanic lien signed by this supplier or subcontractor. If you receive a notice of filing of a mechanic lien statement by this supplier or subcontractor, you may withhold from your contractor the amount claimed until the dispute is settled.'

The warning statement is not required if the claimant's total claim does not exceed $250.00 under K.S.A. §60-1103a(d). Failure to comply with the warning statement requirement on residential projects may bar the subcontractor or material supplier from enforcing a mechanic lien claim.

Notice of Intent to Perform (K.S.A. §60-1103B)

Kansas law requires a Notice of Intent to Perform to be filed with the Clerk of the Court of the county where the property is located prior to recording a deed transferring title to a new owner. This notice applies to residential property and serves to protect mechanic lien claimants when ownership of the property is being transferred during or after construction.

The Notice of Intent to Perform alerts potential purchasers that construction work is being performed on the property and that mechanic liens may be filed. Both contractors and subcontractors are subject to this requirement on residential property transactions.

Public Works — No Special Statutory Notice Provisions

On Kansas public works projects, there are no special statutory provisions requiring preliminary notice or other notices as a condition of the right to make a claim against the payment bond. Subcontractors and material suppliers on public works projects may proceed directly to filing suit on the payment bond without serving any prior notice on the bonded contractor.

However, claimants should maintain thorough documentation of all labor performed, materials furnished, and amounts owed to support any future bond claim action.