Who the deadlines apply to
The Kansas rules name claimants by contract. The direct contractor claims under a contract with the owner [3]. A supplier, subcontractor or other person under an agreement with the contractor, a subcontractor or an owner contractor files under § 60-1103 [4], whose rules name subcontractors, sub-subcontractors, suppliers and laborers. The deadline to sue names all five roles in one rule [5]. Only the two notice of extension rules read Other than residential [3] [4].
How the periods run
Notices before a lien. For the improvement of residential property as K.S.A. 60-1103a defines it, where the claimant’s total claim exceeds $250 [1], the rule for subcontractors, sub-subcontractors, suppliers and laborers is labeled Mailed before the lien is claimed under K.S.A. 60-1103 [1]. Under § 60-1103a(b), a lien may be claimed only if the claimant has mailed the warning statement, or holds a statement signed and dated by an owner that the general contractor or the claimant gave it [1].
For the construction of new residential property, for a lien claimed after title passes to a good faith purchaser for value, the notice of intent to perform carries the label Filed before the recording of the deed effecting passage of title to the new residential property [2]. That rule names all five roles. Under § 60-1103b(f), the notice has no further force or effect 18 months after it is filed, unless the claimant has filed a lien within that time [2]. Neither is counted forward from a date.
Lien filing. For the direct contractor, the label is 4 months after material, equipment or supplies, used or consumed was last furnished or last labor performed under the contract [3]. For the roles under § 60-1103, it is 3 months after supplies, material or equipment was last furnished or labor performed by the claimant [4].
On work other than residential, the statute sets two extension rules. If the claimant has filed a notice of extension within four months since last furnishing labor, equipment, materials or supplies to the job site, the direct contractor's rule reads Within five months [3]. If the claimant has filed a notice of extension within three months since last furnishing labor, equipment, materials or supplies to the job site, the rule for the other four roles also reads Within five months [4]. Neither has a counted date.
Service and suit. Service of the lien statement for subcontractors, sub-subcontractors, suppliers and laborers is labeled When the lien is filed, with no number of days stated [4]. The suit period for every role is 1 year after the lien statement is filed [5]. Where a promissory note has been attached to the lien statement in lieu of an itemized statement, § 60-1105(a) runs the period from the maturity of that note [5].
How residential work is treated
The two notices before a lien each use their own defined term: "improvement of residential property" [1] and "new residential property" [2]. No action to foreclose any lien may proceed against residential real property unless the holder of a recorded equitable interest was served with notice as § 60-1103(c) provides [4].
Counting the days
Under K.S.A. 60-206(a), the day of the triggering event is left out and the last day is included [6]. A last day on a Saturday, Sunday or legal holiday carries the period to the end of the next day that is none of those [6].
K.S.A. 35-107(a) lists ten legal public holidays [7], and § 60-206(a)(6) defines a legal holiday more widely [6]. Unless the court orders otherwise, when the clerk's office is inaccessible on the last day for filing, the time is extended to the first accessible day that is not a Saturday, Sunday or legal holiday [6].
What changed recently
K.S.A. 60-1102 and 60-1103 were last amended by L. 2005, ch. 101 [3] [4]. Section 60-1103a was enacted by L. 1986, ch. 217 [1], and § 60-1103b was last amended by L. 2005, chs. 101 and 186 [2]. The suit section, § 60-1105, dates from L. 1963, ch. 303 [5].