If you’re a contractor who wants to collect on a debt, you’d better include your address on the mechanic’s lien.
Douglas Buchanan of Wichita didn’t include his address on the mechanics lien, and the Kansas Court of Appeals reversed his case in a split decision. Two of the judges found in favor of homeowners Jerry and Carol Overley. The Overleys weren’t satisfied with Buchanan’s work and stopped paying him. Buchanan tried to collect on a debt of $49,285.63. But he didn’t include his address on his lien, as required by Kansas law.
“Kansas law demands strict compliance with the statutory requirements in order to perfect a mechanic’s lien,†judges Patrick McAnany and Michael Buser wrote in the opinion.
Judge Richard Greene didn’t agree. He pointed out Buchanan attached about 21 invoices to his lien, all of which had his address on them.
“I believe they have taken ‘strict compliance’ to a level never before required by our case law and beyond,†Greene said.