60-1106. Parties. - Kansas Statutes

60-1106

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

      60-1106.   Parties.In such actions all persons whose liens are filed as herein provided,and other encumbrancers of record, except those encumbrancers whoselien has priority over the claim of the plaintiff, shall be made parties,and issues shallbe made and trials had as in other cases. Where such an action is broughtby a subcontractor, or person other than the original contractor, suchoriginal contractor shall be made a party defendant, and shall at his or herownexpense defend against the claim of every subcontractor, or other personclaiming a lien under this article, and if he or she fails to make such defensethe owner may make the same at the expense of such contractor; and untilall such claims, costs and expenses are finally adjudicated, and defeatedor satisfied, the owner shall be entitled to retain from the contractor theamount thereof, and such costs and expenses as he or she may be required topay.If the sheriff of the county in which such action is pending shall makereturn that he or she is unable to find such original contractor, the court mayproceed to adjudicate the liens upon the land and render judgment toenforce the same with costs.

      History:   L. 1963, ch. 303, 60-1106;L. 2005, ch. 95, § 3; July 1.