60-1103. Liens of suppliers and subcontractors; procedure, recording and notice; owner's liability; notice of extension. - Kansas Statutes

60-1103

Chapter 60.--PROCEDURE, CIVIL Article 11.--LIENS FOR LABOR AND MATERIAL

      60-1103.   Liens of suppliers and subcontractors;procedure,recording and notice; owner's liability; notice of extension.(a) Procedure. Any supplier, subcontractor or other personfurnishinglabor, equipment, material or supplies, used or consumed at the site of theproperty subject to the lien, under an agreement with the contractor,subcontractor or owner contractor may obtain a lien for the amount due in thesame manner and to the same extent as the original contractor except that:

      (1)   The lien statement must state the name of the contractor and befiled within three months after the date supplies, material or equipment waslast furnished or labor performed by the claimant;

      (2)   if a warning statement is required to be given pursuant to K.S.A.60-1103a, and amendments thereto, there shall be attached to the lienstatement the affidavit of the supplier or subcontractor that such warningstatement was properly given; and

      (3)   a notice of intent to perform, if required pursuant to K.S.A.60-1103b, and amendments thereto, must havebeen filed as provided by that section.

      (b)   Owner contractor is defined as any person, firm or corporation who:

      (1)   Is the fee title owner of the real estate subject to the lien; and

      (2)   enters into contracts with more than one person, firm or corporationfor labor, equipment, material or supplies used or consumed for theimprovement of such real property.

      (c)   Recording and notice. When a lien is filed pursuant to thissection,the clerk of the district court shall enter the filing in the general index.The claimant shall (1) cause a copy of the lien statement to be servedpersonally upon any one owner, any holder of a recorded equitable interest andany party obligated to pay the lien in themanner provided by K.S.A. 60-304, and amendments thereto, for the service ofsummons within the state, or by K.S.A. 60-308, and amendments thereto, forservice outside of the state, (2) mail a copy of the lien statement to any oneowner of the property, any holder of a recorded equitable interest and to anyparty obligated to pay the same by restrictedmail or (3) if the address of any one owner or such party is unknown and cannotbe ascertained with reasonable diligence, post a copy of the lien statement ina conspicuous place on the premises. The provisions of this subsectionrequiring that the claimant serve a copy of the lien statement shall be deemedto have been complied with, if it is proven that the person to be servedactually received a copy of the lien statement. No action to foreclose any lienmay proceed or be entered against residential real property in this stateunless the holder of a recorded equitable interest was served with notice inaccordance with the provisions of this subsection.

      (d)   Rights and liability of owner. The owner of the real propertyshallnot become liable for a greater amount than the owner has contracted to pay theoriginal contractor, except for any payments to the contractor made:

      (1)   Prior to the expiration of the three-month period for filing lienclaims, if no warning statement is required by K.S.A. 60-1103a, andamendments thereto; or

      (2)   subsequent to the date the owner received the warning statement, ifa warning statement is required by K.S.A. 60-1103a, and amendmentsthereto.

      The owner may discharge any lien filed under this section which thecontractor fails to discharge and credit such payment against the amount duethe contractor.

      (e)   Notwithstanding subsection (a)(1), a lien for thefurnishing of labor, equipment, materials or supplies on property other thanresidential property may be claimed pursuant to this section, and amendmentsthereto, within five months only if the claimant has filed a notice ofextension within three months since last furnishing labor, equipment, materialsor supplies to the job site. Such notice shall be filed in the office of theclerk of the district court of the county where such property is located andshall be mailed by certified and regular mail to the general contractor orconstruction manager and a copy to the owner by regular mail, if known. Thenotice ofextension shall be deemed sufficient if in substantial compliancewith the form set forth by the judicial council.

      History:   L. 1963, ch. 303, 60-1103;L. 1967, ch. 325, § 1;L. 1978, ch. 230, § 3;L. 1982, ch. 248, § 2;L. 1986, ch. 217, § 1;L. 1992, ch. 47, § 3;L. 2000, ch. 175, § 7;L. 2003, ch. 45, § 2;L. 2005, ch. 101, § 14; July 1.