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Session of 1999
          HOUSE BILL No. 2594           By Special Committee on Judiciary           12-16          

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

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

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  1       Sec.  3. K.S.A. 60-1102 and 60-1103 are hereby repealed.
  2         Sec.  4. This act shall take effect and be in force from and after its
  3       publication in the statute book.