Kansas Lien Waiver Rules
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No Specific Form
Kansas neither provides nor requires any specific lien waiver form in order for a waiver to be effective.
Notarization Not Required
Kansas lien waivers are not required to be notarized in order to be effective.
Cannot Waive Rights in Contract
Kansas prohibits the waiver of the right to file a mechanics lien in advance.
Cannot Waive Rights Before Payment
The Kansas statute limits valid and enforceable lien waivers to waivers “as a condition for payment, but only to the extent of the amount of payment received.”
Kansas lien waivers are pretty much unregulated with respect to the form or specific language necessary to make the waiver effective. However, there are rules related to when a lien waiver can be given and be effective.
Kansas does not provide lien waiver form templates in its statutes, and doesn’t provide much guidance otherwise on how a lien waiver should be drafted in order to be effective.
There are, however, limitations related to when lien waivers can be requested and provided. Kansas statute limits valid and enforceable lien waivers to waivers that are provided “as a condition for payment, but only to the extent of the amount of payment received.” [emphasis added]
While it seems like participants are protected since waivers are only valid to the extent payment is received, construction participants on Kansas projects should still pay careful attention to lien waivers. They can have serious consequences other than just waiving lien rights, especially in states, like Kansas, that do not regulate the text of waiver documents. The resources, forms, guides, and frequently asked questions about Kansas Lien Waivers on this page will help you get it right.
