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Kansas lien waiver requirements
Kansas does not require a statutory waiver form, but the Notice of Intent to Perform filing rules change how you collect releases.
K.S.A. § 60-1101 et seq. (Article 11, Chapter 60)
The short version
K.S.A. §60-1101 grants lien rights to anyone who furnishes labor, materials, or equipment to a project. The chapter does not prescribe a waiver template. Where Kansas gets distinctive is on residential work: subs who file a Notice of Intent to Perform must, once paid, file a release of that notice along with a waiver of lien. That public-record step is part of how the project closes out cleanly. Waivers are otherwise contractual, so spell out the amount and through-date with care.
At a glance
- K.S.A. §60-1101: lien rights for labor, materials, and equipment
- Notice of Intent to Perform required on residential work
- Public release of that notice required once paid
- No statutory waiver form, no notarization requirement
No prescribed form, write a clear one
Kansas treats waivers as contracts. The statute does not give you a template to copy. That means your waiver lives or dies by the language you put on the page.
State the project, the through-date, and the exact dollar amount. Make it conditional on the payment clearing. Carve out retainage and pending change orders. A waiver that is vague on these points is one a sub can fight later.
The Notice of Intent and the matching release
On residential projects, subs file a Notice of Intent to Perform with the county clerk. That notice preserves their lien right. Once paid, they are required to file a release of the notice along with a waiver.
As a GC, that means you should pull the county filings before releasing the final draw. If a sub filed a Notice of Intent and you don't have the matching waiver, the lien clock is still ticking. Get the waiver and the release filed before you wire the last payment.
Deadlines and the payment loop
Kansas gives contractors four months from last work to file a mechanic's lien, and three months for subs. Those windows drive when waivers need to be in your file.
Run conditional waivers with each pay app and unconditional waivers once payment clears. On the final draw, do the same and confirm any Notice of Intent has been released at the county level. That closeout discipline keeps your title clean.
Questions
Does Kansas require a specific lien waiver form?
No. K.S.A. §60-1101 governs the lien right but does not prescribe a waiver template.
What is the Notice of Intent to Perform?
On residential projects, subs file a Notice of Intent to Perform with the county to preserve lien rights, and they must file a release of that notice once paid.
Do Kansas lien waivers need to be notarized?
No. Kansas does not require notarization for a waiver to be valid.
Send a Kansas waiver in two minutes.
The right form, the right notice, signed on a phone. Released when the check clears.
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