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Can I file a second lien extension?

I had filed an extension on one of my projects close to a month ago. We are needing to repair a door frame at this location before the owner will pay. I'd like to maintain lien rights but since we still have work to do, I'd like to file another extension rather than filing a lien. Can I do that since I have already filed an extension?

1 reply

Feb 5, 2020

Kansas is one of the very few states that allows a the time period in which a lien may be originally filed to be extended, in certain circumstances. This mechanism is set forth by Kansas Code § 60-1102(c). While a mechanics lien in Kansas must generally be filed within 4 months from last providing labor or materials to the project, that deadline may be extended by one month provided the following requirements are met:

The project is not a residential project;
The claimant has filed a notice of extension in the office of the district court of the county where the property is located within four months of last furnishing labor or materials; and
The notice of extension is mailed by certified and regular mail to the owner.

This extension is one-time shot to extend the deadline by one month, and Kansas does not allow a lien claimant to extend the lien deadline again or for longer than 1 additional month. After the 5-month window has passed, claimants are not allowed to file a valid and enforceable mechanics lien.

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