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I need to file multiple mechanics liens on several properties in Kansas. What's the best way?

I am in a partnership that is rapidly coming to an end. My soon to be ex partner is refusing reimburse me for expenses related to the finished projects. He has already collected the money and deposited it elsewhere. I would like to file liens against the properties that he has completed and not paid me for. What type of lien would this be, should I file as a supplier, or an employee who has not been paid? Should I file on each property for the full amount owed for all of the projects? Each individual project would be about $8,000. I am owed $30,000.

1 reply

Mar 2, 2020

When a claimant has performed work that improves real property but has not been paid for that work, they'll generally be entitled to mechanics lien rights against the project where work was done. And, there isn't really a difference in Kansas as to what lien would be utilized - contractors, suppliers, and laborers all use the same mechanics lien form. As for the amount of a given lien claim - a mechanics lien can only be filed to the amounts owed but unpaid at the given project property. So, if payment is owed for several different jobs, then that'd require several different mechanics lien claims - and each lien claim would need to be in the amount that's owed for the work done at that specific property. Notably, sending a warning - a Notice of Intent to Lien - before filing lien claims can lead to payment without actually having to deal with the headaches of mechanics lien disputes. If a claimant sends a Notice of Intent to the property owners and the party who has failed to make payment, it might be easier to put pressure on the non-paying party. For more information on Kansas mechanics liens and how to file them: (1) Kansas Mechanics Lien Guide and FAQs; and (2) How to File a Kansas Mechanics Lien A Practical Guide.

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