In the unfortunate event that you must place a lien on a property for services or material provided, it’s important to have an attorney in your corner that knows the specific requirements for your state. Cotney Construction Law has a team of lawyers trained to help in you in the state of Kansas.
Consult an Experienced Wichita Construction Lien Attorney
Many of our attorneys have experience in the construction industry and are, therefore, uniquely qualified to aid in placing a lien against a property. When money is tied up with property, this can be an intimidating process. Fortunately, a Wichita construction lien attorney is extremely familiar with this process and is here to help you perfect a lien.
Whether or not a preliminary notice is required depends on the type of property for which you are conducting work. General contractors are not required to give a preliminary notice, nor is a preliminary notice required for a commercial property.
For pre-existing private properties, a warning notice must be given. On new private properties, a Notice of Intent to Perform must be issued to the property owner. For public property, no notice is required unless otherwise stated in the contract bond. A Wichita construction lien lawyer can help review your bond to ensure that all requirements are met.
The Lien Process
Once the notice has been sent, all that remains is to file the necessary paperwork with the Sedgwick County court. One of our lawyers would be more than happy to help with this step.
It’s important to be timely when perfecting a lien. A general contractor has up to four months after the last improvement to the property has been made to file a lien. A subcontractor, on the other hand, has only three months. An extension may be requested with the local court and, if granted, can provide up to five months to file a lien.
Once the lien is in place, you will have up to one year to foreclose on the property. During this time, the owner will be unable to refinance or sell the property. Hopefully, this will quickly lead to a desirable resolution. If not, your lawyer can provide you with the next steps.
If you would like to speak with a Wichita construction lien attorney, please contact us today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.