Whether you’re a general contractor (GC), subcontractor, or property owner, understanding Kansas lien waivers is crucial. These essential documents function as receipts acknowledging payment up to a specific amount, thereby waiving the party’s right to file a lien against the property for that amount. While the concept is straightforward, the practical application of lien waivers can be complex.
Several types of lien waivers exist, each requiring submission at specific times during a project. (For a deeper dive into lien waiver basics, refer to The Ultimate Guide to Construction Lien Waivers for Subcontractors.) Moreover, lien waiver requirements vary by state, with each jurisdiction setting its own rules regarding valid forms, contents, and enforcement.
It’s vital to familiarize yourself with state-specific lien waiver requirements to ensure compliance, prevent payment disputes, and ultimately protect your rights (and your bottom line).
So grab your hard hat, and let’s dive into the world of Kansas lien waivers!
(For more general information on lien waivers, check out this on-demand webinar: End the Whack-a-Mole: Lien Waiver Best Practice for Subs.)
Kansas is one of 38 states that does not regulate lien waivers with a specific or statutory form. However, Kansas does mandate lien waiver use guidelines, with guardrails in place to protect subcontractors from payment loss. It’s strictly prohibited for parties to waive lien rights in the contract or prior to payment. Always review the contract carefully to make sure it doesn’t include lien waiver provisions that could put your team in a tricky spot.
Additionally, Kansas statutes note that “a contract may require a contractor or subcontractor to provide a waiver or release of such rights as a condition for payment, but only to the extent of the amount of payment received,” meaning lien waivers cannot function as advance waivers and lien rights cannot be waived until payment is received.
Here are some details to remember when handling lien waivers in Kansas:
- In Kansas, construction teams need to file “a notice of intent to perform.” Once they’ve been compensated for their work, they must file a release of this notice along with a lien waiver in the office in which they filed that initial notice. This will complete the process of waiving their lien rights following payment.
- Kansas lien waiver statutes tend to protect the subcontractor, as lien rights cannot be waived in the contract or prior to payment. (This is often good news if a dispute arises over the lien waiver, as cases can be handled more cleanly.)
Kansas does not require a specific or statutory lien waiver form.
While Kansas does not explicitly prohibit the use of conditional or unconditional lien waivers, any lien waiver cannot be submitted before payment is received per state statutes.
While Kansas does not explicitly prohibit the use of conditional or unconditional lien waivers, any lien waiver cannot be submitted before payment is received per state statutes.
Lien waivers in Kansas are presumed valid by the court when lien rights are waived after payment is received. Additionally, a Kansas lien waiver must:
- be in writing
- be signed by the waiving party
- clearly state the amount being waived and the property to which it applies
Kansas statutes expressly prohibit waiving lien rights in the contract.
In Kansas, parties are not permitted to waive lien rights prior to payment.
Completing Lien Waivers in Siteline
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Kansas does not mandate a specific or statutory lien waiver form. With this in mind, it’s important to carefully review the contract in full to ensure there aren’t any fishy clauses—especially any that may attempt to waive lien rights, which is prohibited under Kansas law.
A lien waiver is valid in Kansas if it is “a condition for payment, but only to the extent of the amount of payment received.” This means this form can’t function as an advance lien waiver. Additionally, Kansas lien waivers should:
- clearly state the amount being waived and the property to which they apply, and
- be signed by the party waiving their lien rights.
Kansas law states that lien waivers are only valid up to the amount of payment received. This means lien waivers cannot be exchanged at the start of the project and payment must be received before subs can waive their lien rights. Determine timing based on general construction best practices. Waivers can be exchanged with payment applications (conditional) or upon receipt of payment (unconditional).
For more information on which lien waivers to use and when, check out this comprehensive guide.
Specific lien waiver provisions can be added to the contract as long as they are not waiving lien rights, which is prohibited in Kansas.
Since Kansas law includes a level of protection for subs as lien waivers are not enforceable unless they are congruent with the amount of payment received, this is helpful in the court system should a dispute arise.
First, review the waiver and relevant contract in full. If you can’t resolve the issue directly, consider consulting with a construction law attorney familiar with Kansas lien laws.
Kansas offers a variety of resources that share more information about lien waivers and mechanic’s liens. Review the following as you handle lien waivers in the state:
- Kansas Article 18 - Kansas Fairness in Private Construction Contract Act
- Kansas Article 11 - Liens for Labor and Material (2023)
- Kansas Article 11 - Liens for Labor and Material (2019)
- Kansas Licensing and Permits
- Kansas State Bar Construction Law Section
- GCPay Lien Waiver Requirements for Every U.S. State
- Levelset Kansas Lien Waivers Guide
Automate the process with Siteline. Contractors use our lien waiver tool to digitize all of their lien waiver forms (primary and vendor), send waiver requests to lower-tier contractors and vendors, collect e-signatures, and submit completed waivers to their clients—without ever leaving the system. Siteline even provides centralized tracking to help contractors monitor vendor waiver statuses to see who’s received the form, who’s opened it, and who has (or hasn’t) signed. This means contractors can collect waivers faster while eliminating payment delays caused by compliance holds.
Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. We recommend you consult a qualified attorney for advice specific to your situation.