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Who files the lien, myself or my Distributor or both?

KansasRight to Lien

I am a Stone Manufacturer in Missouri. One of my Distributors sold my stone to a Contractor in Kansas who owes her for over 5000ft of stone already put on the building. I know my Distributor is who I sold to but can I also put a lien on the property or does she have to do that ? What is my recourse?

1 reply

Oct 15, 2018
That's a good question. In Kansas, suppliers to suppliers do not generally have lien rights. Thus, if a company supplies materials to another supplier, that company will not have the right to lien in Kansas. If a supplier has supplied materials to a subcontractor that supplier may have the right to lien, though - but these designations rest on the type of work provided. i.e. Just because a supplier was hired directly by the general contractor does not mean the supplier is, in fact, a subcontractor. If a supplier has supplied another supplier, other options for recovery may be more appropriate, and you can learn about some of those options here: Other Options For Recovery. It's worth noting, though, that Kansas does specifically allow for the assignment of lien claims. So, if one party has a valid lien right, that party can file a mechanics lien and assign their lien to some other party (more on that here: Assignment of Mechanics Liens (But Not The Right to Lien)). Thus, if two parties are willing to cooperate, potentially, a party with the right to lien could file their lien then assign it to another owed party. Note, of course, that there are a number of deadline and notice requirements for mechanics liens - so if some party wishes to file a lien then assign it to another, it would be important that the party filing the lien has properly preserved their claim. You can learn more about the Kansas lien and notice requirements here: Kansas Lien and Notice FAQ.
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