Unlike many other states, Kansas does not have any statewide requirements for contractor licensing. However, contracting businesses aren’t quite out of the woods with regards to licensing requirements, because most counties and local jurisdictions in Kansas have their own rules for contractors. Fortunately, we have the information you need to get the required license to keep your contracting business above board.
If you’re interested to understand the Kansas contractor licensing process, read on for the details.
How to get a contractors license in Kansas
All corporations, limited liability companies, limited partnerships, limited liability partnerships, and general partnerships need to register their business with the State of Kansas Secretary of State. Information about registering is fairly sparse, so it’s best to contact the office directly.
Beyond business licensing, there isn’t one set path to Kansas contractor licensing. The steps required change from county to county, and with 105 of them, the regulations are bound to vary. And, for contractors who work in multiple counties, they’ll have to meet the requirements of each to ensure they’re above board.
The best way to ensure you’re on the up-and-up in the areas you work in is to call the county or city clerk. They’ll be able to point you in the right direction regarding the appropriate licenses required to operate in their jurisdiction.
How to get a contractors license in Johnson County, Kansas
Contractor licensing in Johnson County, Kansas, is a function of the Johnson County Planning and Codes Department. The department offers several types of licenses, including:
- Class A – General
- Class B – Building
- Class C – Residential
- Class DE – Electrical
- Class DF – Fire
- Class DM – Mechanical
- Class DP – Plumbing
- Class DR – Roofing
- Class DS – Swimming
- Class DW – Framing
In general, the requirements for each of these licenses include:
- Complete the application
- Submit the $100 application fee and $225 license fee
- Submit proof of general liability and worker’s compensation insurance
- Establish a qualifying individual who must have either:
- A bachelor of science in architecture, engineering, construction science, or construction management
- A 75% score on an ICC exam
- Provide proof of identity of company owner and qualified individual with a government ID
- Provide a digital photo of the qualified individual
- Provide evidence of good standing from the Secretary of State
Like many local jurisdictions in Kansas, you’ll have to contact the department and request an application.
How to get a contractors license in Sedgwick County
Contractor licensing in Sedgwick County falls under the control of the Metropolitan Area Building and Construction Department, which works in conjunction with the City of Wichita.
The MABCD offers licenses for general contractors, as well as specialty contractors such as plumbers, electricians, elevator/escalator, fire suppression, refrigeration, and sheet metal, among others.
The requirements for licensing are relatively standard across the different license types:
- Complete the application, front and back, along with the signatures of everyone involved
- Provide proof of a master-level trade certificate
- Take, pass, and submit results of an ICC trade exam
- Provide proof of liability insurance with at least $300,000 in general liability showing MABCD as the certificate holder
- Provide proof of worker’s compensation insurance
- Proof of auto insurance on fleet vehicles
- A certificate of good standing from the Secretary of State
- Qualified Person (master license holder, or business owner if qualified) Declaration Page
- Signatures of all company officers
- Authorization for Qualified Person to do business for the company, including pulling permits and scheduling inspections. This proof must be written on company letterhead and signed by all owners, officers, and partners.
- Pay fees
Fees range dramatically depending on the license type. A Class A GC applicant will need to submit a fee of $1,000, while basic trades will pay $360.
How to get a contractors license in other Kansas jurisdictions
There are licensing requirements in other Kansas jurisdictions, but they’re scattered and not well-documented. The best source of information is the county or city clerk in the area in which you plan to work. Most counties and cities require that contractors at least register their businesses before operating.
More resources: Top Construction Lawyers in Kansas City
Penalties for unlicensed contracting in Kansas
As a state, Kansas has very laid-back licensing requirements. It doesn’t require anyone to carry a license. All the requirements come from the cities and counties throughout the state, as do the penalties for unlicensed contracting.
The penalties can vary from city to city or county to county, but expect fines and fees. Also, many building department officers will shut projects down, causing irreparable damage to a timeline.
Do you need a license to file a mechanics lien in Kansas?
Many states that allow local jurisdictions to determine contractor licensing have rather relaxed laws on mechanics liens and licensing. Kansas is no exception.
Kansas mechanics lien laws make no specific requirements regarding licensing and mechanics liens. This means that an unlicensed contractor could potentially file a mechanics lien in the event of non-payment.
So, does that mean contractors don’t need to get licenses at all? Consider this: You’re not carrying a license, and a project owner decides they aren’t going to pay for your work. Though you’re unlicensed, you’re able to file a lien. But, it doesn’t make a bit of difference, and the owner forces you to take them to court.
How’s the court going to look upon your unlicensed status as you attempt to foreclose on someone’s property? Probably not fondly.
Protecting your payments in Kansas
There are a lot of moving parts when it comes to Kansas contractor licensing, but they’re not the only set of rules and regulations Kansas contractors need to keep their eyes on. Kansas mechanics lien laws have requirements and deadlines that contractors need to meet in order to protect their cash flow.
As an example, Kansas subs and suppliers need to send a preliminary notice to the project owner before filing a mechanics lien on a residential job. These notices aren’t a requirement for commercial jobs, and general contractors aren’t required to send them at all. But, if a sub or supplier doesn’t send that notice, their lien rights might disappear.
Beyond preliminary notices, GCs, subs, and suppliers need to keep their eyes on the deadline for filing a mechanics lien. For general contractors, the deadline to file a lien is 120 days from last furnishing. For subs and suppliers, they have just 90 days from last furnishing to file a lien. This is significantly less than the six months many other states provide, so Kansas contractors need to be alert and watch the calendar.
And it’s not just the deadline to file that construction companies need to pay attention to. All contractors, regardless of tier, have one year to enforce their lien. And this deadline is serious, as contractors cannot file for an extension, and failure to meet the deadline renders the entire lien unenforceable.