Mechanic's Lien in Kansas

A new case in Kansas that should be read by everyone...courtesy of Doug Weems of SFBB! Court of Appeals of Kansas.

TRADESMEN INTERNATIONAL, INC., Appellee/Cross-appellant,
v.
WAL-MART REAL ESTATE BUSINESS TRUST; Wal-Mart Stores, Inc.; Merit General
Contractors, Inc.; and Centennial Insurance Company, Appellants/Cross-
Appellees,
and
Construction Services Corp. and Derstler Lumber Co., Inc., Defendants.
No. 93,410.
March 3, 2006.

Syllabus by the Court
1. K.S.A. 60-1105(b) authorizes amendment of a mechanic's lien statement by leave of the court and in the furtherance of justice as long as the lien amount is not increased. Nevertheless, the trial court may not allow amendment of a vitally defective mechanic's lien statement after the statutory period for filing a valid mechanic's lien has expired.

2. Mechanics' liens are statutory and can only be created in the manner set forth in the statutes. Parties claiming a mechanic's lien have the burden of bringing themselves within the statute.

3. Although the mechanics' lien statutory provisions are liberally construed once a lien attaches, the requirements for a lien to come into existence must be strictly met.

4. K.S.A. 60-1103(a)(1) requires that a mechanic's lien statement filed by a subcontractor state the name of the contractor.

5. There is no privity of contract between a subcontractor and a property owner, and a subcontractor can obtain a lien only by complying with the statutory provisions.

6. A mechanic's lien statement filed by a subcontractor which fails to state the name of the contractor is fatally defective.

7. Under the facts of this case, the mechanic's lien statement filed by the subcontractor was vitally defective because it failed to name the correct contractor. Because no mechanic's lien was created by the vitally defective lien statement, the plaintiff should not have been allowed to amend the lien statement to name the proper contractor after the statutory period for filing a mechanic's lien statement had expired.

8. In this case, the plaintiff was a proper claimant under the payment bond, which extended coverage to all persons or entities as supp

Doug Weems
Spencer Fane Britt & Browne, LLP
1000 Walnut, Suite 1400
Kansas City, MO 64106
(816) 292-8264
(816) 474-3216 (facsimile)
dweems@spencerfane.com
www.spencerfane.com

What does this mean? The case states what is known...if the mechanic's lien is defective, no amendment will be allowed after the statutory filing period has expired.