HOUSE BILL No. 2161
By Committee on Judiciary
AN ACT concerning civil procedure; relating to subcontractors' liens;
amending K.S.A. 1996 Supp. 60-1103b and repealing the existing
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1996 Supp. 60-1103b is hereby amended to read
as follows: 60-1103b. (a) As used in this section, ``new residential prop-
erty'' means a new structure which is constructed for use as a residence
and which is not used or intended for use as a residence for more than
two families or for commercial purposes. ``New residential property'' does
not include any improvement of a preexisting structure or construction
of any addition, garage or outbuilding appurtenant to a preexisting struc-
(b) A lien for the furnishing of labor, equipment, materials or supplies
for the construction of new residential property may be claimed pursuant
to K.S.A. 60-1103 and amendments thereto after the passage of title to
such new residential property to a good faith purchaser for value only if
the claimant has filed a notice of intent to perform prior to the recording
of the deed effecting passage of title to such new residential property.
Such notice shall be filed in the office of the clerk of the district court of
the county where the property is located.
(c) The notice of intent to perform and release thereof provided for
in this section, to be effective, shall contain substantially the following
statement, whichever is applicable:
NOTICE OF INTENT TO PERFORM
(name of supplier, subcontractor or contractor)
(address of supplier, subcontractor or contractor)
do hereby give public notice that I am a supplier, subcontractor or contractor
person providing materials or labor on property owned by ____________ and having
legal (name of property owner) description as follows: __________________
RELEASE OF NOTICE OF INTENT TO PERFORM No.
_________ AND WAIVER OF LIEN
``I ____________ (name of supplier, subcontractor or contractor) of
dress of supplier, subcontractor or contractor) do hereby acknowledge that I
filed notice of
intent to perform no. _________ covering property owned by ____________ (name of
property owner) and having the legal description as follows:
In consideration of the sum of $____________, the receipt of which is hereby
I hereby direct the clerk of the district court of ____________, Kansas, to
release the subject
notice of intent to perform and do hereby waive and relinquish any statutory
right to a lien
for the furnishing of labor, equipment, materials or supplies to the
estate under the statutes of the state of Kansas.''
(d) When any claimant who has filed a notice of intent to perform
has been paid in full, such claimant shall be required to file in the office
in which the notice of intent to perform was filed, and to pay any requisite
filing fee, a release of such notice and waiver of lien which shall be exe-
cuted by the claimant, shall identify the property as set forth in the notice
of intent to perform, and state that it is the intention of the claimant to
waive or relinquish any statutory right to a lien for the furnishing of labor
or material to the property. Upon such filing, the notice of intent to
perform previously filed by such claimant shall be of no further force or
effect, and such claimant's right to a lien under K.S.A. 60-1101 and 60-
1103, and amendments thereto, shall be extinguished.
(e) Any owner of the real estate upon which a notice of intent to
perform has been filed, or any owner's heirs or assigns, or anyone acting
for such owner, heirs or assigns, and after payment in full to the claimant,
may make demand upon the claimant filing the notice of intent to per-
form, for the filing of a release of the notice and waiver of lien as provided
for in subsection (d), unless the same has expired by virtue of the provi-
sions set forth in subsection (f).
(f) Notwithstanding the requirements of subsections (d) and (e), a
notice of intent to perform shall be of no further force or effect after the
expiration of 18 months from the date of filing the same, unless within
such time the claimant has filed a lien pursuant to K.S.A. 60-1101 and
60-1103, and amendments thereto.
(g) A claimant may not enforce, in equity or law:
(1) An oral contract unless a notice of intent has been filed as required
by this section; or
(2) a written contract in excess of the amount expressed in such con-
Sec. 2. K.S.A. 1996 Supp. 60-1103b is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.