Sending a Kansas preliminary notice is an effective way to speed up payment on a construction project. A preliminary notice is an informational document typically sent to the property owner near the beginning of a construction project. Here's what you need to know about the rules and requirements for sending preliminary notice in Kansas.
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Notice of intent to lien
Kansas preliminary notice requirements for:
General contractors are not required to send notice on private projects.
No parties who contracted directly with the property owner are required to send preliminary notice in Kansas.
General contractors are not required to send notice on public projects.
Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.
On new residential projects, subcontractors and suppliers must send notice on private projects.
Notice must be sent prior to lien filing
Notice cannot be sent late
Notice is sent to the property owner
On pre-existing residential projects, notice must be given to owner prior to filing lien.
Subcontractors and suppliers are not required to send notice on public projects.
Note, however, that if the bonds terms require preliminary notice, those terms control and are enforceable.
Preliminary notices in Kansas are subject to a bunch of rules and regulations. And, when a preliminary notice is required, it's critical to make sure that the notice is compliant, and the requirements and rules are met. If you're receiving prelims, it's important to know what you're looking at, what the details means, and know what to do in followup. Since prelims are subject to a lot of complex rules and requirements, this can all be difficult. These are some frequently asked questions about the preliminary notice process in Kansas.
It depends. Any party who contracts directly with the property owner is not required to send notice prior to the filing of any lien. Also, no notice is required by any party if the project is non-residential.
Subcontractors/laborers/suppliers are required to send notice prior to filing a lien if performing work or furnishing materials to a residential project.
If the project is the repair, alteration, or remodeling of a pre-existing residential property (occupied by no more than two families and not used for commercial purposes), a Warning Statement must be sent to the owner. This notice informs the owner of the possibility of a mechanics lien being filed if proper payment is not made.
If the project is the construction of a new residential property (spec or custom residence occupied by no more than 2 families and not used for a commercial purpose), a Notice of Intent to Perform is required.
The Warning Statement only needs to be “mailed” to the property owner. It may be best practice, however, to send the notice to the property owner by certified mail, return receipt requested.
The Notice of Intent to Perform must be filed in the office of the clerk of the district court in the county where the property is located. The notice should also be mailed to the property owner by certified mail, return receipt requested. It is crucial that the notice be recorded prior to the closing of escrow and transfer of the deed to a new owner. If this does not occur, any subsequent mechanics lien will not be effective against the interest of the new owner.
Is the Kansas Preliminary Notice Requirement met when sent or delivered?
Notices are considered delivered when mailed by certified mail, return receipt requested, and considered filed when recorded by the clerk of court. However, while the Kansas preliminary notice is considered delivered when sent, the burden still rests on the sending party to demonstrate that the notice was actually received.
Kansas does not specifically require any preliminary notice to be given to preserve the right to make a bond claim on a public project. However, if the terms of the bond itself require preliminary notice to be given, those terms will control, it is therefore best practice to obtain a copy of the bond.
To Whom Must the Kansas Preliminary Notice be Given?
N/A, unless required by bond.
People are asking Kansas construction attorneys:
The Expert Center isn't designed for discussion on Levelset products and pricing - but you can certainly reach out to us to discuss pricing via live chat, email, or phone. You can do that under the "Contact Us" section at the bottom of this page, or you can begin an order yourself here. Regarding an intent to lien Kansas is not a state that requires a Notice of Intent to Lien be sent - so, if that's what you're referring to by an "intent to lien", then failure to send a Notice of Intent would have no effect on a Kansas mechanics lien claim. If you're referring to a Kansas Notice of Intent to Perform - that document must be filed in order to preserve the right to lien on 1-2 family residential projects when the project is a new construction. However, this notice doesn't have to be signed by anyone other than the party filing the notice. And, to be sure - this notice is only required for 1-2 family residential jobs that are being newly built. So, for commercial jobs or for work done on an existing residential structure, the failure to file a Notice of Intent to Perform wouldn't have any effect on the right to lien. Note, though, that a Notice of Intent to Perform doesn't have a particularly strict deadline. Rather, it must be filed before a mechanics lien is filed, and it must be filed before the deed to the new property is recorded which passes the title to the new property. So, potentially, a lien claimant might still be able to file a Notice of Intent to Perform before filing their lien - even if it's not at the start of the job. For more information on Kansas mechanics liens and notices: (1) Kansas Mechanics Lien Guide and FAQs; and (2) About Kansas Preliminary Notices.
If our contract with our customer states that "California laws prevail" on a project, but the job site we are working on is not in California, which set of lien laws should I abide by?
The mechanics lien laws (and associated rules and requirements) applicable to a construction project are determined by the location of the project. While the choice of California law may be applicable to the interpretation of the contract itself - mechanics lien laws are statutory requirements and are dependent on the location of the property. This is because any eventual lien would encumber the property itself, and the state in which the property is located has an interest in determining and controlling that process.
In Kansas, notice is required for residential projects. On new residential projects, notice must be filed prior to filing lien. On pre-existing residential projects, notice must be given to owner prior to filing lien.
Depending on the stituation, a preliminary notice in Kansas may be referred to as a Warning Statement, or a Notice of Intent to Perform. While either of these is really a “preliminary notice” at heart, the two Kansas-specific terms are not interchangeable, as they relate to different notices which are required depending on whether the project is a remodel/repair, or new construction.
Kansas does not mandate preliminary notice be given by general contractors (or others with a direct contract relationship with the property owner), or by any project participant on a non-residential project.
Sub-contractors, laborers, and suppliers, on residential projects, on the other hand, are required to provide preliminary notice. If the project is an alteration or repair to an existing property, the project participant must send the owner a Warning Statement. Construction on a new project requires the project participant to send a Notice of Intent to Perform. Failure to send these notices in a timely manner will result in the invalidity of the lien.
Next, fill your preliminary notice form out. Make sure you do this carefully, because making a mistake at this stage could invalidate your right to file a mechanics lien claim if you’re left unpaid. Re-check the information you include to ensure it’s 100% correct and accurate.
Properly serve the notice
The notice should also be mailed to the property owner by certified mail, return receipt requested. It is crucial that the notice be recorded prior to the closing of escrow and transfer of the deed to a new owner. If this does not occur, any subsequent mechanics lien will not be effective against the interest of the new owner.
How to send a Preliminary Notice with Levelset
Select Preliminary Notice document.
Provide basic job information.
Levelset sends the document for you. Postage included!