As Amended by House Committee
Session of 1997
HOUSE BILL No. 2041
By Committee on Judiciary
10 AN ACT concerning civil procedure; relating to liens for material and
11 labor; amending K.S.A.
60-1102 and 60-1103 60-1103a and K.S.A.
12 1996 Supp. 60-1103b and repealing the existing sections.
14 Be it enacted by the Legislature of the State of Kansas:
15 Section 1. K.S.A. 60-1102 is hereby amended to read as follows: 60-
16 1102. (a) Filing. Any person claiming a lien on real property, under the
17 provisions of K.S.A. 60-1101, and amendments thereto, shall file a verified
18 statement with the clerk of the district court of the county in which prop-
19 erty is located,fsi:
20 (1) Within four months after the date material, equipment or sup-
21 plies, used or consumed was last furnished or last labor performed under
22 the contract a verified statement showing for residential property; or
23 (2) within six months after the date material, equipment or supplies,
24 used or consumed was last furnished or last labor performed under the
25 contract for nonresidential property.
26 (b) Statement. Such verified statement shall show :
27 (1) The name of the owner, ;
28 (2) the name and address sufficient for service of process of the claim-
29 ant, ;
30 (3) a description of the real property, ; and
31 (4) a reasonably itemized statement and the amount of the claim, but
32 if the amount of the claim is evidenced by a written instrument, or if a
33 promissory note has been given for the same, a copy thereof may be
34 attached to the claim in lieu of the itemized statement.
35 (b) (c) Recording. Immediately upon the receipt of such statement
36 the clerk of the court shall index the lien in the general index by party
37 names and file number.
38 Sec. 2. K.S.A. 60-1103 is hereby amended to read as follows: 60-
39 1103. (a) Procedure. Any supplier, subcontractor or other person furnish-
40 ing labor, equipment, material or supplies, used or consumed at the site
41 of the property subject to the lien, under an agreement with the con-
42 tractor, subcontractor or owner contractor may obtain a lien for the
43 amount due in the same manner and to the same extent as the original
contractor except that:
2 (1) The lien statement must state the name of the contractor and be
3 filed within: (A) three months after the date supplies, material or equip-
4 ment was last furnished or labor performed by the claimant if such prop-
5 erty is residential property; or (B) six months after the date supplies,
6 material or equipment was last furnished or labor performed by the claim-
7 ant if such property is nonresidential property ;
8 (2) if a warning statement is required to be given pursuant to K.S.A.
9 60-1103a, and amendments thereto, there shall be attached to the lien
10 statement the affidavit of the supplier or subcontractor that such warning
11 statement was properly given; and
12 (3) a notice of intent to perform, if required pursuant to K.S.A. 60-
13 1103b, and amendments thereto, must have been filed as provided by
14 that section.
15 (b) Owner contractor is defined as any person, firm or corporation
17 (1) Is the fee title owner of the real estate subject to the lien; and
18 (2) enters into contracts with more than one person, firm or corpo-
19 ration for labor, equipment, material or supplies used or consumed for
20 the improvement of such real property.
21 (c) Recording and notice. When a lien is filed pursuant to this section,
22 the clerk of the district court shall enter the filing in the general index.
23 The claimant shall (1) cause a copy of the lien statement to be served
24 personally upon any one owner and any party obligated to pay the lien in
25 the manner provided by K.S.A. 60-304, and amendments thereto, for the
26 service of summons within the state, or by K.S.A. 60-308, and amend-
27 ments thereto, for service outside of the state, (2) mail a copy of the lien
28 statement to any one owner of the property and to any party obligated to
29 pay the same by restricted mail or (3) if the address of any one owner or
30 such party is unknown and cannot be ascertained with reasonable dili-
31 gence, post a copy of the lien statement in a conspicuous place on the
32 premises. The provisions of this subsection requiring that the claimant
33 serve a copy of the lien statement shall be deemed to have been complied
34 with, if it is proven that the person to be served actually received a copy
35 of the lien statement.
36 (d) Rights and liability of owner. The owner of the real property shall
37 not become liable for a greater amount than the owner has contracted to
38 pay the original contractor, except for any payments to the contractor
40 (1) Prior to the expiration of the three-month period for filing lien
41 claims, if no warning statement is required by K.S.A. 60-1103a, and
42 amendments thereto; or
43 (2) subsequent to the date the owner received the warning statement,
if a warning statement is required by K.S.A. 60-1103a, and amendments
3 The owner may discharge any lien filed under this section which the
4 contractor fails to discharge and credit such payment against the amount
5 due the contractor.
6 Section 1. K.S.A. 60-1103a is hereby amended to read as fol-
7 lows: 60-1103a. (a) As used in this section, ``improvement of resi-
8 dential property'' means:
9 (1) Improvement of a preexisting structure in which the owner
10 resides at the time the claimant first furnishes labor, equipment,
11 material or supplies and which is not used or intended for use as
12 a residence for more than two families or for commercial purposes
13 or improvement or construction of any addition, garage, fence,
14 swimming pool, outbuilding or other improvement appurtenant to
15 such a structure; or
16 (2) any construction upon real property which is (A) owned or
17 acquired by an individual at the time the claimant first furnishes
18 labor, equipment, material or supplies; (B) intended to become
19 and does become the principal personal residence of that individ-
20 ual upon completion; and (C) not used or intended for use as a
21 residence for more than two families or for commercial purposes.
22 (b) A lien for the furnishing of labor, equipment, materials or
23 supplies for the improvement of residential or nonresidential prop-
24 erty may be claimed pursuant to K.S.A. 60-1103 and amendments
25 thereto only if the claimant has:
26 (1) Mailed to any one of the owners of the property a warning
27 statement conforming with this section; or
28 (2) in the claimant's possession a copy of a statement signed
29 and dated by any one owner of the property stating that the gen-
30 eral contractor or the claimant had given the warning statement
31 conforming with this section to one such owner of the property.
32 (c) The warning statement provided for by this section, to be
33 effective, shall contain substantially the following statement:
34 ``Notice to owner: (name of supplier or subcontractor) is a supplier or subcon-
35 tractor providing materials or labor on Job No. ______ at (residence address) under
36 an agreement with (name of contractor). Kansas law will allow this supplier or
37 subcontractor to file a lien against your property for materials or labor not paid for
38 by your contractor unless you have a waiver of lien signed by this supplier or sub-
39 contractor. If you receive a notice of filing of a lien statement by this supplier or
40 subcontractor, you may withhold from your contractor the amount claimed until
41 the dispute is settled.''
42 (d) The warning statement provided for by this section shall
43 not be required if the claimant's total claim does not exceed $250.
1 Sec. 2. K.S.A. 1996 Supp. 60-1103b is hereby amended to read
2 as follows: 60-1103b. (a) As used in this section, ``new residential
3 property'' means a new structure which is constructed for use as
4 a residence and which is not used or intended for use as a resi-
5 dence for more than two families or for commercial purposes.
6 ``New residential property'' does not include any improvement of
7 a preexisting structure or construction of any addition, garage or
8 outbuilding appurtenant to a preexisting structure.
9 (b) A lien for the furnishing of labor, equipment, materials or
10 supplies for the construction of new residential or nonresidential
11 property may be claimed pursuant to K.S.A. 60-1103 and amend-
12 ments thereto after the passage of title to such new residential or
13 nonresidential property to a good faith purchaser for value only if
14 the claimant has filed a notice of intent to perform prior to the
15 recording of the deed effecting passage of title to such new resi-
16 dential or nonresidential property. Such notice shall be filed in the
17 office of the clerk of the district court of the county where the
18 property is located.
19 (c) The notice of intent to perform and release thereof pro-
20 vided for in this section, to be effective, shall contain substantially
21 the following statement, whichever is applicable:
22 NOTICE OF INTENT TO PERFORM
23 ``I _______________________________________________________________________________________________________________
24 ``I (name of supplier, subcontractor or contractor)
25 of _______________________________________________________________________________________________________________
26 of (address of supplier, subcontractor or contractor)
27 do hereby give public notice that I am a supplier, subcontractor or contractor or
28 other person providing materials or labor on property owned by ____________ and
29 having the legal (name of property owner) description as follows: ________________________________________________
32 RELEASE OF NOTICE OF INTENT TO PERFORM No.
33 ____________ AND WAIVER OF LIEN
34 ``I ____________ (name of supplier, subcontractor or contractor) of __________________________________________
35 (address of supplier, subcontractor or contractor) do hereby acknowledge that I
36 filed notice of intent to perform no. ______ covering property owned by __________________________________________
37 (name of property owner) and having the legal description as follows: _____________________________________________
40 In consideration of the sum of $____________, the receipt of which is hereby ac-
41 knowledged, I hereby direct the clerk of the district court of ____________, Kansas
42 to release the subject notice of intent to perform and do hereby waive and relin-
43 quish any statutory right to a lien for the furnishing of labor, equipment, materials
1 or supplies to the above-described real estate under the statutes of the state of
3 (d) When any claimant who has filed a notice of intent to per-
4 form has been paid in full, such claimant shall be required to file
5 in the office in which the notice of intent to perform was filed, and
6 to pay any requisite filing fee, a release of such notice and waiver
7 of lien which shall be executed by the claimant, shall identify the
8 property as set forth in the notice of intent to perform, and state
9 that it is the intention of the claimant to waive or relinquish any
10 statutory right to a lien for the furnishing of labor or material to
11 the property. Upon such filing, the notice of intent to perform
12 previously filed by such claimant shall be of no further force or
13 effect, and such claimant's right to a lien under K.S.A. 60-1101 and
14 60-1103, and amendments thereto, shall be extinguished.
15 (e) Any owner of the real estate upon which a notice of intent
16 to perform has been filed, or any owner's heirs or assigns, or an-
17 yone acting for such owner, heirs or assigns, and after payment in
18 full to the claimant, may make demand upon the claimant filing
19 the notice of intent to perform, for the filing of a release of the
20 notice and waiver of lien as provided for in subsection (d), unless
21 the same has expired by virtue of the provisions set forth in sub-
22 section (f).
23 (f) Notwithstanding the requirements of subsections (d) and
24 (e), a notice of intent to perform shall be of no further force or
25 effect after the expiration of 18 months from the date of filing the
26 same, unless within such time the claimant has filed a lien pursuant
27 to K.S.A. 60-1101 and 60-1103, and amendments thereto.
28 Sec. 3. K.S.A.
60-1102 and 60-1103 60-1103a and K.S.A. 1996
29 Supp. 60-1103b are hereby repealed.
30 Sec. 4. This act shall take effect and be in force from and after its
31 publication in the statute book.