Hired a construction manager and they filed a lien based on a dispute of labor that had no change order. Does a construction manager have the right to file a mechanic's lien?
1 reply
Dec 5, 2019
The Kansas mechanics lien statute doesn't specifically provide mechanics lien rights for construction managers - but it doesn't say they aren't allowable, either. Rather, whether or not a Kansas mechanics lien claimant will be entitled to file a mechanics lien will come down to the work that was performed.
If the construction manager furnished labor, equipment, material, or supplies which contributed to the permanent improvement of the project property, chances are that manager would be entitled to file a mechanics lien against the project.
For more info on who can file mechanics liens in Kansas: Who can file a Kansas Mechanics Lien?
Mechanics liens and change orders
With the above being said, keep in mind that in order for change orders to be lienable, they must typically be made in accordance with the contract. So, if the contract sets out a process for issuing and approving change orders and that process wasn't followed, then a lien claimant may have a hard time arguing the change orders are lienable. Or, if there was no required change order process, and if changes weren't made and approved in writing, the same may be true.
In either case, when a mechanics lien has been filed, it's generally a good idea to consult with a local construction attorney. In the interim, this article may be helpful: A Mechanics Lien Was Filed on My Property – What Do I Do Now?