Mechanic's Liens

The Mechanics’ Lien law provides special protection to contractors, subcontractors, laborers and suppliers who furnish labor or materials to repair, remodel or build your home.

If any of these people are not paid for the services or materials they have provided, your home may be subject to a mechanics’ lien and eventual sale in a legal proceeding to enforce the lien. This result can occur even when the homeowner has made full payment for the work of improvement.

The mechanics’ lien is a right that a state gives to workers and suppliers to record a lien and ensure payment. This lien may be recorded where the property owner has paid the contractor in full and the contractor then fails to pay the subcontractors, suppliers, or laborers. Thus, in the worst case, a homeowner may actually end up paying twice for the same work.

The theory is that the value of the property upon which the labor or materials have been bestowed has been increased by virtue of these efforts and the homeowner who has reaped this benefit is required in return to act as the ultimate guarantor of full payment to the persons responsible for this increase in value. In practice, a homeowner faced with a valid mechanics’ lien may be compelled to pay the lien claimant and then pursue conventional legal remedies against the contractor or subcontractor who initially failed to pay the lien claimant but who himself was paid by the homeowner. Another justification for this result relates to the relative financial strengths of the parties to a work of improvement. The law views the property owner as being in a better situation to absorb the financial setback occasioned by having to pay the amount of a valid mechanics’ lien, as opposed to a laborer or material man who is viewed as being less able to absorb the financial burdens occasioned by not being paid for services or materials provided in connection with a work of improvement.

The best protection against these claims is for the homeowner to employ reputable firms with sufficient experience and capital and/or require completion and payment bonding of the construction work. The issuance of checks payable jointly to the contractor, material men and suppliers is another protective measure, as is the careful disbursement of funds in phases based upon the percentage of completion of the project at a given point in the construction process. The protection offered by mechanics’ lien releases can also be helpful.

Even if a mechanics’ lien is recorded against your property you may be able to resolve the problem without further payment to the lien claimant. This possibility exists where the proper procedure for establishing the lien was not followed. While it is true that persons who have provided labor, services, or materials to a job site may record mechanics’ liens, each is required to strictly adhere to a well-established procedure in order to create a valid mechanics’ lien.

Needless to say, this is one area of the law that is very complex, thus it may be worthwhile to consult an attorney if you become aware that a mechanics’ lien has been recorded against your property. In the event you discover that a lien has been recorded but no effort has been made to enforce the lien, a title company may decide to ignore the lien. However, be prepared to be presented with a positive plan to eliminate the title problems created by this type of lien. This may be accomplished by means of a recorded mechanics’ lien release from the person who created the lien, or other measures acceptable to the title company.

As in all areas of the real estate field, the best advice is to investigate the quality, integrity, and business reputation of the firm with whom you are dealing. Once you are satisfied you are dealing with a reputable company and before you begin your construction project, discuss your concerns about possible mechanics’ lien problems and work out, in advance, a method of ensuring that they will not occur.

Dan Johnson

Platinum Realty - Overland Park


Office:
9393 W 110th Street, Suite 170, Overland Park, KS, 66210
www.MoveWithPlatinum.com
(888) 220-0988
Agent:
dan@danjohnsonrealty.com
(469) 237-9304
(469) 237-9304

URE Group logo
Home Contact About Me Testimonials Why You Need a Realtor When Buying a Home Getting Pre-Approved Build a Plan of Action Importance of Inspection Why You Should Not Make Any Major Credit Purchases Corporate Relocations Thnking About Buying a Foreclosure? Why You Need a Realtor When Selling a Home Preparing Your Home For Listing Marketing Your Home Successfully Setting The Price Getting The Highest Price In The Shortest Time Know Why You Are Selling Area Schools Real Estate Glossary Understanding Title Insurance Common Ways to Hold Title Understanding Foreclosures Living Trusts Environmental Issues Mechanic's Liens Condo and PUD Ownership Overland Park, KS Lenexa, KS Shawnee, KS Olathe, KS DeSoto, KS Gardner, KS Mortgage Rates Where Does Money Come From For Mortgage Loans? The No-Cost 30yr Fixed Rate Mortgage Types of Mortgage Lenders Items You Need When Applying For a Loan What is a FICO? The Bi-weekly Mortgage

The information displayed on this page is confidential, proprietary, and copyrighted information of Heartland Multiple Listing Service, Inc. (“Heartland MLS”). Copyright 2024, Heartland Multiple Listing Service, Inc. Heartland MLS and United Real Estate do not make any warranty or representation concerning the timeliness or accuracy of the information displayed herein. In consideration for the receipt of the information on this page, the recipient agrees to use the information solely for the private noncommercial purpose of identifying a property in which the recipient has a good faith interest in acquiring

Use of this site means you agree to the Terms of Use

This content last updated on Thursday, April 24, 2025 8:00 PM from FHAOR.

This content last updated on Thursday, April 24, 2025 10:00 PM from HMLS.

This content last updated on Thursday, April 24, 2025 10:54 PM from LOOMLS.

This content last updated on Thursday, April 24, 2025 9:00 PM from WCMLS.

This content last updated on Thursday, April 24, 2025 7:45 PM from SOMO.

This content last updated on Thursday, April 24, 2025 10:48 PM from LBOR.

This content last updated on Thursday, April 24, 2025 11:00 PM from SunMLS.

Some properties which appear for sale on this web site may subsequently have sold or may no longer be available.

Properties displayed may be listed or sold by various participants in the MLS.

Franchise Offices are Independently Owned and Operated. The information provided herein is deemed accurate, but subject to errors, omissions, price changes, prior sale or withdrawal. United Real Estate does not guarantee or is anyway responsible for the accuracy or completeness of information, and provides said information without warranties of any kind. Please verify all facts with the affiliate.
Copyright© United Real Estate
Privacy Statement-Terms Of Use

If you are using a screen reader, or having trouble reading this website, please call our Customer Support for help at 888-960-0606 .

Web Content Accessibility Disclosure Statement:

We strive to provide websites that are accessible to all possible persons regardless of ability or technology. We strive to meet the standards of the World Wide Web Consortium's Web Content Accessibility Guidelines 2.1 Level AA (WCAG 2.1 AA), the American Disabilities Act and the Federal Fair Housing Act. Our efforts are ongoing as technology advances. If you experience any problems or difficulties in accessing this website or its content, please email us at: unitedsupport@unitedrealestate.com. Please be sure to specify the issue and a link to the website page in your email. We will make all reasonable efforts to make that page accessible for you.

The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any content or material made available in connection with our website or services infringes your copyright, you (or your agent) may send us a notice requesting that the content or material be removed, or access to it blocked. Notices must be sent in writing by email to: Legal@UnitedRealEstate.com
The DMCA requires that your notice of alleged copyright infringement include the following information: (1) description of the copyrighted work that is the subject of claimed infringement; (2) description of the alleged infringing content and information sufficient to permit us to locate the content; (3) contact information for you, including your address, telephone number and email address; (4) a statement by you that you have a good faith belief that the content in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (5) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (6) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above information may result in the delay of the processing of your complaint.

Leave a message for Dan

Want to take the next step?
I agree to be contacted by the Platinum Realty - Overland Park office via call, email and/or text. Message frequency varies. To opt out, you can reply "stop" at any time or click the unsubscribe link in the emails. Message and data rates may apply. Reply HELP for help. View Terms of Service and Privacy Policy. If you'd like to unsubscribe click here.