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Kansas
Lien Waiver Forms

Kansas lien waivers: payment-for-waiver only under the Fairness in Private Construction Contract Act

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Where is the project?

Are you paying or getting paid?

I'm paying someone I need a signed lien waiver from the sub or supplier I'm paying. They sign it. I'm getting paid My customer wants a signed lien waiver before they pay me. I sign it.

Which waiver?

Conditional Progress payment Unconditional Progress payment Conditional Final payment Unconditional Final payment Not sure — help me choose Two quick questions pick the right form.

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State Rules

How Kansas treats lien waivers

Kansas prescribes no statutory lien waiver form and requires no notarization, so our general-purpose conditional and unconditional progress and final waivers apply. On covered private construction projects, K.S.A. 16-1803(c) voids any contract provision purporting to waive, release, or extinguish mechanic's lien rights: the only waiver a contract may require is one given in exchange for payment, limited to the amount actually received. Residential projects of four or fewer units fall outside the Act.

What to know about Kansas lien waivers

On Kansas private commercial projects, contract clauses waiving lien rights are void under K.S.A. 16-1803(c): a waiver holds up only when given in exchange for payment and only to the extent of the amount actually received, so match each waiver's amount to the payment it accompanies.

Kansas lien waiver forms we generate

Four house forms cover every payment on a Kansas project: conditional or unconditional, progress or final.

Conditional Progress

Conditional Waiver and Release of Lien: Progress Payment

Signed when a progress payment is promised: the waiver only takes effect once that payment actually arrives.

Unconditional Progress

Unconditional Waiver and Release of Lien: Progress Payment

Signed after a progress payment has been received: immediately waives lien rights for work through the covered date.

Conditional Final

Conditional Waiver and Release of Lien: Final Payment

Signed when the final payment is promised: waives all remaining lien rights, but only once the payment clears.

Unconditional Final

Unconditional Waiver and Release of Lien: Final Payment

Signed after the final payment is in hand: a complete, immediate waiver of lien rights on the project.

Kansas has no statutory waiver form to download blank. The generator above fills in a general-purpose form with Kansas's signing rules built in instead.

Signing a lien waiver in Kansas

Execution rules (the form's wording, notarization, witnesses, and whether an electronic signature works) are set by state law. Here's what applies in Kansas, built into every waiver we generate.

Advance waivers

K.S.A. 16-1803(c) (Kansas Fairness in Private Construction Contract Act): a private construction contract provision purporting to waive, release, or extinguish mechanic's lien rights is against public policy, void and unenforceable, except a waiver or release given in exchange for payment, limited to the amount actually received. Residential projects of four or fewer units are outside the Act (K.S.A. 16-1802).

Kansas execution rules

⚖ No prescribed statutory form: our attorney-reviewed house forms apply.
✓ Notarization: not required in Kansas.
✓ Witness: not required in Kansas.
✓ E-signature: available. Send Kansas waivers for electronic signature and get the signed copy stored with a tamper-evident audit certificate.

Kansas lien waiver questions

Which lien waiver forms does Kansas use?

Kansas does not prescribe a statutory lien waiver form, so the format is up to the parties. Our generator uses four general-purpose forms: conditional and unconditional waivers for progress and final payments.

Do Kansas lien waivers need to be notarized?

No. Kansas does not require lien waivers to be notarized.

What is the difference between a conditional and an unconditional lien waiver in Kansas?

A conditional waiver takes effect only once the payment it describes actually arrives; if the check bounces or never comes, your lien rights survive. An unconditional waiver gives up lien rights as soon as it is signed, whether or not you are ever paid, so sign one only after the money is in hand.

What is the difference between a progress and a final lien waiver in Kansas?

A progress waiver covers a single progress payment and waives lien rights only for work through a stated date, leaving rights for later work intact. A final waiver goes with the last payment and waives all remaining lien rights on the project.

Is a lien waiver signed in advance enforceable in Kansas?

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Bordering states

Every state's waiver rules are different. Check before you sign.

Kansas Lien Waiver Forms