Page 20 - State Law Summary of Mechanic's Lien Law

Kansas KS

What is the statutory authority?
Kansas Statutes §§ 60-1101 to 60-1110.
What is the Attachment Date of the Mechanic’s Lien?
A recorded mechanic’s lien attaches and has priority as of the date labor or
furnishing materials to project commences. K.S.A. § 60-1101. Kansas also adheres
to the “First Spade” rule. If labor and/or material is furnished under more than two
contracts, liens of mechanic’s lien claimants attach as of the date of the earliest
unpaid lien of any claimant under. K.S.A. § 60-1101.

What constitutes visible commencement of construction?
The first furnishing of labor, materials, equipment or supplies on the property for
the project. K.S.A. § 60-1101.
What is the priority of the insured construction mortgage/
deed of trust?
A mortgage recorded prior to the commencement of the furnishing of labor,
equipment, material or supplies at the site of the property has priority over
mechanic’s liens. K.S.A. § 60-1101.

If priority of the insured mortgage/deed of trust is lost, is there a
statutory procedure to regain priority?
No.

When does a mechanic’s lien have to be filed for claimant to maintain
lien rights?
A mechanic’s lien must be filed four (4) months after date of last furnishing of labor
or materials by a direct contractor and three (3) months by other contractors. See
K.S.A. §§ 60-1102 and 60-1103.

What is the period of enforcement of a filed mechanic’s lien?
An action to foreclose a lien under this article shall be brought within 1 year from
the time of filing the lien statement, but if a promissory note has been attached to
the lien statement in lieu of an itemized statement, the action shall be commenced
within 1 year from the maturity of said note. K.S.A. § 60-1105.

Is there a procedure to bond over the mechanic’s lien(s)?
Under K.S.A. § 60-1110, the contractor or owner may execute a bond to the State of
Kansas in favor of potential lienholders in a sum not less than the contract price
in favor of any person claiming a lien. The bond shall have sufficient sureties, be
approved by the judge of the district court, and filed with the clerk of the district
court. When the bond is approved and filed, the lien shall not attach to the land.

Are the ALTA 32/33 Series Endorsements available for the Loan Policy?
Yes.

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