Session of 2000
By Committee on Federal and State Affairs

10             AN  ACT concerning civil procedure; relating to liens; amending K.S.A.
11             60-1103 and repealing the existing section.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 60-1103 is hereby amended to read as follows: 60-
15       1103. (a) Procedure. Any supplier, subcontractor or other person furnish-
16       ing labor, equipment, material or supplies, used or consumed at the site
17       of the property subject to the lien, under an agreement with the con-
18       tractor, subcontractor or owner contractor may obtain a lien for the
19       amount due in the same manner and to the same extent as the original
20       contractor except that:
21             (1) The lien statement must state the name of the contractor and be
22       filed within three months after the date supplies, material or equipment
23       was last furnished or labor performed by the claimant;
24             (2) if a warning statement is required to be given pursuant to K.S.A.
25       60-1103a, and amendments thereto, there shall be attached to the lien
26       statement the affidavit of the supplier or subcontractor that such warning
27       statement was properly given; and
28             (3) a notice of intent to perform, if required pursuant to K.S.A. 60-
29       1103b, and amendments thereto, must have been filed as provided by
30       that section.
31             (b) Owner contractor is defined as any person, firm or corporation
32       who:
33             (1) Is the fee title owner of the real estate subject to the lien; and
34             (2) enters into contracts with more than one person, firm or corpo-
35       ration for labor, equipment, material or supplies used or consumed for
36       the improvement of such real property.
37             (c) Recording and notice. When a lien is filed pursuant to this section,
38       the clerk of the district court shall enter the filing in the general index.
39       The claimant shall: (1) Cause a copy of the lien statement to be served
40       personally upon any one owner and any party obligated to pay the lien in
41       the manner provided by K.S.A. 60-304, and amendments thereto, for the
42       service of summons within the state, or by K.S.A. 60-308, and amend-
43       ments thereto, for service outside of the state,; (2) mail a copy of the lien


  1       statement to any one owner of the property and to any party obligated to
  2       pay the same by restricted mail; or (3) if the address of any one owner or
  3       such party is unknown and cannot be ascertained with reasonable dili-
  4       gence, post a copy of the lien statement in a conspicuous place on the
  5       premises. The provisions of this subsection requiring that the claimant
  6       serve a copy of the lien statement shall be deemed to have been complied
  7       with, if it is proven that the person to be served actually received a copy
  8       of the lien statement. No action to foreclose any lien may proceed or be
  9       entered against residential real property in this state unless the contract
10       holder for purchase of such residential real property and any equitable
11       owner of record were actually and personally served with notice in accord
12       with this subsection.
13             (d) Rights and liability of owner. The owner of the real property shall
14       not become liable for a greater amount than the owner has contracted to
15       pay the original contractor, except for any payments to the contractor
16       made:
17             (1) Prior to the expiration of the three-month period for filing lien
18       claims, if no warning statement is required by K.S.A. 60-1103a, and
19       amendments thereto; or
20             (2) subsequent to the date the owner received the warning statement,
21       if a warning statement is required by K.S.A. 60-1103a, and amendments
22       thereto.
23             The owner may discharge any lien filed under this section which the
24       contractor fails to discharge and credit such payment against the amount
25       due the contractor. 
26       Sec.  2. K.S.A. 60-1103 is hereby repealed.
27        Sec.  3. This act shall take effect and be in force from and after its
28       publication in the statute book.