I often receive calls from my construction clients asking “How long do I have to file a mechanic’s lien in Kansas?” The simple answer for commercial projects is that General Contractors have four months and Subcontractors and Suppliers have three months from the last date of performing labor or supplying materials. Given a 30 day billing cycle, this three month time frame puts many subcontractors and suppliers in jeopardy of losing their lien rights before knowing whether they will receive payment.
The solution to this dilemma is to file a Notice of Extension of Lien. In Kansas, a General Contractor, Subcontractor, or Supplier can extend the deadline for filing its mechanic’s lien by filing a Notice of Extension of Lien. This is a fairly simple document and can be filed rather easily. Fortunately, the Kansas Judicial Counsel has provided a free form for Contractors which you can access by clicking this link (Notice of Extension of Lien for Contractors) and another free form for Subcontractors and Suppliers which you can access by clicking here (Notice of Extension of Lien for Subcontractors/Suppliers). Once completed, you will need to file the Notice of Extension with the Clerk of the District Court in the county where the project is located.
The key thing to remember is that you still must file the mechanic’s lien within the five month window or you will lose your mechanic’s lien rights. The Notice of Extension gives you a little more breathing room to work out payment issues before putting together a complicated mechanic’s lien. In a future post I will discuss the essential elements of a mechanic’s lien statement in Kansas.