A preliminary notice is a formal document sent to property owners at the start of a construction project. In Kansas, these notices are essential for securing timely payments. They establish your right to payment, minimize misunderstandings and disputes, and facilitate timely payment processing.

To ensure compliance, it’s crucial to adhere to specific deadlines, include accurate project details and party information, and present the notice in a clear, concise, and professional manner. By understanding and complying with Kansas preliminary notice requirements, construction professionals can safeguard their financial interests and streamline the payment process.

Key Takeaways

• Timing is Crucial: Adhere to strict deadlines for sending preliminary notices. Failure to do so can invalidate your mechanics lien rights.
• Accuracy Matters: Ensure that the notice contains accurate and complete information about the project, parties involved, and the work performed.
• Proof of Delivery: While certified mail with a return receipt requested is recommended, it’s essential to maintain proof of delivery to safeguard your lien rights, especially in case of disputes.

Do I Need to Send a Kansas Preliminary Notice on Private Projects?

Direct contractors with the property owner are not required to send a preliminary notice before filing a lien. Additionally, no notice is needed for non-residential projects.

However, subcontractors, laborers, and suppliers working on residential projects must send a notice before filing a lien. For repair, alteration, or remodeling projects on residential properties, a Warning Statement must be sent to the owner. For new residential construction projects, a Notice of Intent to Perform is required.

When do I Need to Send a Kansas Preliminary Notice?

The Warning Statement must be sent before filing a Kansas mechanics lien. Similarly, the Notice of Intent to Perform must be filed and sent before a lien is filed.

What if I Send the Kansas Preliminary Notice Late?

When required, the Warning Statement and Notice of Intent to Perform must be provided before filing a mechanics lien. Failure to do so will invalidate the lien claim.

How Should the Kansas Preliminary Notice Be Sent?

The Warning Statement can be mailed to the property owner. However, for added security, it’s recommended to send it via certified mail with a return receipt requested.

The Notice of Intent to Perform must be filed with the county clerk’s office where the property is located. It should also be mailed to the property owner using certified mail with a return receipt requested. It’s critical to record this notice before the property is sold to a new owner. Failure to do so could jeopardize your mechanics lien rights against the new owner.

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

No, the notice only needs to be sent to the property owner.

Is the Kansas Preliminary Notice Requirement Met When Sent or Delivered?

The notices are considered delivered when sent by certified mail with a return receipt requested and filed when recorded by the county clerk. While the Kansas preliminary notice is deemed delivered upon sending, the burden of proof for actual receipt still lies with the sender.

A Kansas court ruling in Owen Lumber Company v. Chartland (2007) rejected the presumption of delivery principle for mechanics liens. The court emphasized the strict notice requirements in Kansas law and the need for proof of delivery through return receipts.

Do I Need to Send a Kansas Preliminary Notice on Public Projects?

While Kansas doesn’t explicitly require preliminary notices for public project bond claims, it’s advisable to review the specific terms of the bond. If the bond requires a notice, following those guidelines is essential to preserve your claim rights.

About Kansas Preliminary Notices

Kansas preliminary notice can be referred to as Warning Statements or Notices of Intent to Perform, depending on the specific project type. While both are essentially preliminary notices, they are not interchangeable and serve different purposes for remodeling/repair and new construction projects.

General contractors directly contracted by the property owner and participants in non-residential projects are not required to send preliminary notices in Kansas. However, subcontractors, laborers, and suppliers working on residential projects must provide a preliminary notice. For repair or alteration projects, a Warning Statement is required. For new construction projects, a Notice of Intent to Perform is necessary. Failure to send these notices on time can invalidate the lien claim.

How to Send Preliminary Notice in Kansas

Step-by-Step Guide to Sending a Kansas Preliminary Notice

1. Download the Free Form: Start by downloading our free Kansas preliminary notice form, drafted by construction attorneys to ensure compliance with state laws.

2. Fill Out the Form Accurately: Carefully fill out the form, ensuring all information is accurate and complete. Errors could jeopardize your right to file a mechanics lien.

3. Proper Service of Notice:

• Mail: Send the notice to the property owner via certified mail with a return receipt requested.
• Record: For new construction projects, record the Notice of Intent to Perform with the county clerk’s office before the property is sold. This step is crucial to protect your lien rights against a new owner.

Get in Touch

By understanding and adhering to Kansas preliminary notice requirements, construction professionals can significantly enhance their chances of timely payment. By following the guidelines outlined in this guide, you can ensure compliance, protect your lien rights, and streamline the payment process. Remember, timely and accurate preliminary notices are crucial for success in the Kansas construction industry.

At CRM Lien Services, we have been serving customers across the country with required reference documentation for lien claims since 1986. We provide expert guidance, helping contractors and suppliers safeguard their payment rights through seamless and timely preliminary notice and lien filings. 

We have a wealth of expertise, are licensed and insured, and have a team of highly knowledgeable document processors. If you’re looking for a straightforward process for filing a preliminary notice and mechanics lien, give us a call or shoot us an email.