July 14, 2009
A Construction Law Client Advisory:
Kansas Court of Appeals Emphasizes Strict Adherence to Mechanic’s Lien Laws in Requiring Sub-Contractor/Lien Claimant to Correctly Identify the Name of the General Contractor

Recently, the Kansas Court of Appeals considered a subcontractor’s claim to enforce its mechanic’s lien. On the face of the lien statement, the subcontractor identified the general contractor as “Merit Construction Company, Inc.” The general contractor on the project, however, was “Merit General Contractors, Inc.,” a separate entity. Under K.S.A. 60-1103(a)(1), the subcontractor or supplier must correctly identify the name of the general contractor in order for the lien to be enforceable.

In this case, because the subcontractor failed to correctly identify the name of the general contractor, the Court of Appeals refused to enforce the subcontractor’s lien.