Kansas Preliminary Notice Guide and FAQs

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Kansas Preliminary Notice FAQs

About Kansas Preliminary Notices

Kansas Preliminary Notice Rules
At a Glance


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lien waiver forms required
Preliminary Notices Are Required for Certain Project Types

Preliminary notice is required for some parties in Kansas, but the type of notice depends on the project.


N/A
GCs Not Required to Send Notice

No parties who contracted directly with the property owner are required to send preliminary notice in Kansas.


Before LIEN
Subcontractors Must Send Notice

On new residential projects, notice must be filed and sent prior to filing lien. On pre-existing residential projects, notice must be given to owner prior to filing lien.


Before LIEN
Suppliers Must Send Notice

On new residential projects, notice must be filed and sent prior to filing lien. On pre-existing residential projects, notice must be given to owner prior to filing lien.


icon-can't waive lien rights
Notice Cannot be Sent Late

Since the deadline for the notice in Kansas is "prior to filing a lien claim" there is no way that a notice can be sent late, provided the lien deadline is not missed. However, if the notice is not given, or the notice and lien are given after the deadline to file a lien claim, it is fatal to the validity of the lien claim.


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Send to Property Owner

If a preliminary notice is required for a Kansas project, the notice is only specifically required to be delivered to the property owner. Note, however, that for the new construction of residential property, the notice must be filed as well as sent to the property owner.

Preliminary notice not required in WV
Preliminary Notice Not Required by Kansas Law

Kansas does not require preliminary notice be given in order to make a claim against a payment bond on a public project. However, the terms of the bond may require a preliminary notice be provided, and if so, the terms of the bond will control.


X
N/A

On public jobs, any claims for non-payment are made against the general contractor's bond. 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.


X
No Notice Required from Subs

Kansas does not require preliminary notice to be provided on public projects. Note, however, that if the bonds terms require preliminary notice, those terms control and are enforceable.


X
No Notice Required from Suppliers

Kansas does not require preliminary notice to be provided on public projects. Note, however, that if the bonds terms require preliminary notice, those terms control and are enforceable.

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.

Preliminary Notice Frequently Asked Questions

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.

Prelim FAQs on Private Projects

Do I Need to Send a Kansas Preliminary Notice?

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.

When do I Need to Send a Kansas Preliminary Notice?

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.

What if I Send the Kansas Preliminary Notice Late?

When the above notices are required, they must be provided prior to filing the mechanics lien, failure to do so is fatal to the mechanics lien claim.

How Should the Kansas Preliminary Notice be Sent?

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.

Do I Have to Send the Kansas Preliminary Notice to Someone Other than the Owner?

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

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?

Prelim FAQs on Public Projects

Do I Need to Send a Kansas Preliminary Notice?

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.

When do I Need to Send a Kansas Preliminary Notice?

N/A, unless required by bond.

What if I Send the Kansas Preliminary Notice Late?

N/A, unless required by bond.

How Should the Kansas Preliminary Notice be Sent?

N/A, unless required by bond.

To Whom Must the Kansas Preliminary Notice be Given?

N/A, unless required by bond.

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Kansas Preliminary Notice Form Template

When required, Kansas preliminary notice forms are regulated by statute. This doesn’t mean that the form has to look a certain way, but it does mean that the document must contain certain information. The forms provided here for free by Levelset are compliant with the Kansas rules. You can download them for free, or use our system to send or request them easily.

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