We are a supplier that we have built material for a contractor. The material is still at our facility due to the project being put on hold however we have not been paid for the material. Can we lien the project for this?
Kansas Statute (K.S.A. 60-1103) sets out:
Any supplier, subcontractor or other person furnishing labor, equipment, material or
supplies, used or consumed at the site of the property subject to the lien,
under an agreement with the contractor, subcontractor or owner contractor may
obtain a lien for the amount due in the same manner and to the same extent as
the original contractor … [with a number of exceptions].
There could be an issue whether the material has been "used or consumed at the site." There
are also strict requirements to make the lien legally enforceable and a one year
time limit to enforce the lien. Therefore, it is recommended that you discuss the specifics of your situation with your attorney.