A Detailed Guide to Filing a Mechanic’s Lien in Kansas
Have you recently been involved in a construction project in Kansas? Did you get paid? It happens for contractors and subcontractors not to receive their share after working hard on residential and commercial projects.
Kansas laws, however, provide a form of protection for construction workers, known as mechanic’s lien. As long as one puts the claim forward within the agreed deadline and imposed conditions, the chances of getting compensated are high.
The guide below will help you understand the way this procedure works in Kansas.
Who has the right to file a claim?
Kansas laws are specific when it comes to lien rights, entitling contractors and subcontractors, as well as their suppliers to seeking compensation for their work. Contractors are the professionals responsible for handling the entire project after signing a contract with the owner of the estate requiring improvements. Conversely, subcontractors are those taking responsibility for just a part of the work after signing an agreement with the contractors. Check out this website for some useful tips about selecting a subcontractor.
Suppliers are entitled to lien rights only if the materials they’ve supplied have been used in the construction project. In case the materials were only delivered, these workers have no right to ask for a reimbursement. Conversely, engineers and architects are deprived of their right to submit a mechanic’s lien in case the job hasn’t started yet. These professionals can seek reimbursement only after the project starts.
Nevertheless, Kansas laws are more rigorous to the rest of the parties involved in construction work. For instance, people employed by contractors and subcontractors have no such right. The same goes for workers supplying materials to suppliers, as well as sub-subcontractors.
What about the deadline?
Deadlines are of the utmost importance when submitting a mechanic’s lien, as claimants need to respect them in order for their claims to be valid. For example, contractors have a period of four months to place a claim from the date on which they’ve stopped providing labor. Regarding commercial properties, this timeframe can be extended for one more month under certain conditions.
Subcontractors, on the other hand, are given a shorter period for submitting a lien, as many as three months. Anyhow, just like contractors, after filing a notice of extension, subcontractors can have this period extended up to five months. Visit this link, https://www.nibusinessinfo.co.uk/content/difference-between-contractors-and-subcontractors, to learn about the difference between contractors and subcontractors.
How to serve the lien?
States like Kansas don’t consider the procedure finished until the document is served on all participants in the construction job. There are special requirements related to the way in which the copy of the document has to be served, mainly depending on the type of claimant.
General contractors, who had direct contact with the client, are supposed to send a copy of the form to the owner not just via regular but also by certified mail. These requirements, however, don’t apply to project participants who haven’t signed any contract with the client.
Furthermore, these parties are provided with different methods for delivering such a copy to property owners. They can deliver it personally or mail it; whichever option they find more convenient. Anyhow, mailing the document is known to be more convenient for the purpose of saving valuable time.
Claimants need to remember that having their liens recorded isn’t a guarantee for receiving payment. If interested in filing a mechanic’s lien in Kansas, make sure the information included in the form is valid. The lawyer of the other party might also file a claim in case yours is invalid in a certain way. Bear in mind that a mechanic’s lien in Kansas doesn’t expire during a period of one year after being submitted.
When claimants aren’t satisfied with the payment negotiations, a foreclosure lawsuit is recommended before the expiry date. Prior to filing a lawsuit, claimants need to send a notice of intent of foreclosure to the affected party as a warning. Sometimes, this type of warning encourages property owners to pay claimants for their service in order not to face a lawsuit.
If you have lien rights, don’t be afraid to fight for them!