Kansas Preliminary Notice FAQs

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 must be sent prior to the filing of the lien.

The Notice of Intent to Perform must be filed and sent prior to the filing of the lien.

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.

No. Notice is only required to be provided to the property owner.

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.

In interpreting the state’s preliminary notice statute, a Kansas court in Owen Lumber Company v. Chartland (2007) rejected the “presumption of delivery” principal since the legal provision in the lien law explicitly required return receipt.  Specifically, the court stated that “[w]ith respect to mechanic’s liens, the restricted notice requirement of Kan. Stat. Ann. § 60-103 replaces the presumption of delivery with the sureness of proof by the return receipt.”  Read more about this here: How To Send Notice to Owners – Standard Certified Mail, or Certified Mail with Return Receipt Requested?

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.

N/A, unless required by bond.

N/A, unless required by bond.

N/A, unless required by bond.

N/A, unless required by bond.