Session of 2000
By Senator Vidricksen

  9             AN  ACT concerning civil procedure; relating to liens; filing time; amend-
10             ing K.S.A. 60-1102 and 60-1103 and repealing the existing sections.
12       Be it enacted by the Legislature of the State of Kansas:
13             Section  1. K.S.A. 60-1102 is hereby amended to read as follows: 60-
14       1102. (a) Filing. Any person claiming a lien on real property, under the
15       provisions of K.S.A. 60-1101, and amendments thereto, shall file with the
16       clerk of the district court of the county in which property is located, within
17       four months 120 days when such property is residential property, and
18       within 180 days when such property is other than residential property,
19       after the date material, equipment or supplies, used or consumed was
20       last furnished or last labor performed under the contract a verified state-
21       ment showing:
22             (1) The name of the owner,
23             (2) the name and address sufficient for service of process of the
24       claimant,
25             (3) a description of the real property,
26             (4) a reasonably itemized statement and the amount of the claim, but
27       if the amount of the claim is evidenced by a written instrument, or if a
28       promissory note has been given for the same, a copy thereof may be
29       attached to the claim in lieu of the itemized statement.
30             (b) Recording. Immediately upon the receipt of such statement the
31       clerk of the court shall index the lien in the general index by party names
32       and file number.
33             Sec.  2. K.S.A. 60-1103 is hereby amended to read as follows: 60-
34       1103. (a) Procedure. Any supplier, subcontractor or other person furnish-
35       ing labor, equipment, material or supplies, used or consumed at the site
36       of the property subject to the lien, under an agreement with the con-
37       tractor, subcontractor or owner contractor may obtain a lien for the
38       amount due in the same manner and to the same extent as the original
39       contractor except that:
40             (1) The lien statement must state the name of the contractor and be
41       filed within three months 90 days when such property is residential prop-
42       erty, and within 180 days when such property is other than residential
43       property, after the date supplies, material or equipment was last furnished


  1       or labor performed by the claimant;
  2             (2) if a warning statement is required to be given pursuant to K.S.A.
  3       60-1103a, and amendments thereto, there shall be attached to the lien
  4       statement the affidavit of the supplier or subcontractor that such warning
  5       statement was properly given; and
  6             (3) a notice of intent to perform, if required pursuant to K.S.A. 60-
  7       1103b, and amendments thereto, must have been filed as provided by
  8       that section.
  9             (b) Owner contractor is defined as any person, firm or corporation
10       who:
11             (1) Is the fee title owner of the real estate subject to the lien; and
12             (2) enters into contracts with more than one person, firm or corpo-
13       ration for labor, equipment, material or supplies used or consumed for
14       the improvement of such real property.
15             (c) Recording and notice. When a lien is filed pursuant to this section,
16       the clerk of the district court shall enter the filing in the general index.
17       The claimant shall (1) cause a copy of the lien statement to be served
18       personally upon any one owner and any party obligated to pay the lien in
19       the manner provided by K.S.A. 60-304, and amendments thereto, for the
20       service of summons within the state, or by K.S.A. 60-308, and amend-
21       ments thereto, for service outside of the state, (2) mail a copy of the lien
22       statement to any one owner of the property and to any party obligated to
23       pay the same by restricted mail or (3) if the address of any one owner or
24       such party is unknown and cannot be ascertained with reasonable dili-
25       gence, post a copy of the lien statement in a conspicuous place on the
26       premises. The provisions of this subsection requiring that the claimant
27       serve a copy of the lien statement shall be deemed to have been complied
28       with, if it is proven that the person to be served actually received a copy
29       of the lien statement.
30             (d) Rights and liability of owner. The owner of the real property shall
31       not become liable for a greater amount than the owner has contracted to
32       pay the original contractor, except for any payments to the contractor
33       made:
34             (1) Prior to the expiration of the three-month time period for filing
35       lien claims as provided in subsection (a)(1), if no warning statement is
36       required by K.S.A. 60-1103a, and amendments thereto; or
37             (2) subsequent to the date the owner received the warning statement,
38       if a warning statement is required by K.S.A. 60-1103a, and amendments
39       thereto.
40             The owner may discharge any lien filed under this section which the
41       contractor fails to discharge and credit such payment against the amount
42       due the contractor. 
43       Sec.  3. K.S.A. 60-1102 and 60-1103 are hereby repealed.


  1        Sec.  4. This act shall take effect and be in force from and after its
  2       publication in the statute book.