CHAPTER 45
Substitute for HOUSE BILL No. 2064
An Act concerning civil procedure; relating to filing time;
amending K.S.A. 60-1102 and
K.S.A. 2002 Supp. 60-1103 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 60-1102 is hereby
amended to read as follows: 60-
1102. (a) Filing. Any person claiming a lien on real
property, under the
provisions of K.S.A. 60-1101, and amendments thereto, shall file
with the
clerk of the district court of the county in which property is
located, within
four months after the date material, equipment or supplies, used or
con-
sumed was last furnished or last labor performed under the contract
a
verified statement showing:
(1) The name of the owner,
(2) the name and address sufficient for
service of process of the claim-
ant,
(3) a description of the real
property,
(4) a reasonably itemized statement and
the amount of the claim, but
if the amount of the claim is evidenced by a written instrument, or
if a
promissory note has been given for the same, a copy thereof may
be
attached to the claim in lieu of the itemized statement.
(b) Recording. Immediately upon
the receipt of such statement the
clerk of the court shall index the lien in the general index by
party names
and file number.
(c) Notwithstanding subsection (a), a
lien for the furnishing of labor,
equipment, materials or supplies on property other than
residential prop-
erty may be claimed pursuant to this section within five months
only if
the claimant has filed a notice of extension within four months
since last
furnishing labor, equipment, materials or supplies to the job
site. Such
notice shall be filed in the office of the district court of the
county where
such property is located and shall be mailed by certified and
regular mail
to the owner. The notice of extension shall contain
substantially the fol-
lowing statement:
Notice of Extension to File Contractor
Lien
__________________________________
Name of Contractor
__________________________________
Address of Contractor
__________________________________
Telephone Number of Contractor
__________________________________
Name and/or Number of Job
__________________________________
Address of Job Site
Filing of such notice extends the time for filing a lien
to five months for
the above contractor providing materials or labor on property
owned by:
__________________________________
(d) As used in this section and K.S.A.
60-1103, and amendments
thereto, ``residential property'' means a structure which is
constructed for
use as a residence and which is not used or intended for use as
a residence
for more than two families.
Sec. 2. K.S.A. 2002 Supp. 60-1103 is hereby
amended to read as
follows: 60-1103. (a) Procedure. Any supplier, subcontractor
or other per-
son furnishing labor, equipment, material or supplies, used or
consumed
at the site of the property subject to the lien, under an agreement
with
the contractor, subcontractor or owner contractor may obtain a lien
for
the amount due in the same manner and to the same extent as the
original
contractor except that:
(1) The lien statement must state the name of the
contractor and be
filed within three months after the date supplies, material or
equipment
was last 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
lien
statement the affidavit of the supplier or subcontractor that such
warning
statement was properly given; and
(3) a notice of intent to perform, if required pursuant
to K.S.A. 60-
1103b, and amendments thereto, must have been 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 corpo-
ration for labor, equipment, material or supplies used or consumed
for
the improvement of such real property.
(c) Recording and notice. When a lien is filed
pursuant to this section,
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
served
personally upon any one owner, any holder of a recorded equitable
in-
terest and any party obligated to pay the lien in the manner
provided by
K.S.A. 60-304, and amendments thereto, for the service of
summons
within the state, or by K.S.A. 60-308, and amendments thereto, for
service
outside of the state, (2) mail a copy of the lien statement to any
one owner
of the property, any holder of a recorded equitable interest and to
any
party obligated to pay the same by restricted mail or (3) if the
address of
any one owner or such party is unknown and cannot be ascertained
with
reasonable diligence, post a copy of the lien statement in a
conspicuous
place on the premises. The provisions of this subsection requiring
that
the claimant serve a copy of the lien statement shall be deemed to
have
been complied with, if it is proven that the person to be served
actually
received a copy of the lien statement. No action to foreclose any
lien may
proceed or be entered against residential real property in this
state unless
the holder of a recorded equitable interest was served with notice
in
accordance with the provisions of this subsection.
(d) Rights and liability of owner. The owner of
the real property shall
not become liable for a greater amount than the owner has
contracted to
pay the original contractor, except for any payments to the
contractor
made:
(1) Prior to the expiration of the three-month period
for filing lien
claims, if no warning statement is required by K.S.A. 60-1103a,
and
amendments thereto; or
(2) subsequent to the date the owner received the
warning statement,
if a warning statement is required by K.S.A. 60-1103a, and
amendments
thereto.
The owner may discharge any lien filed under this section
which the
contractor fails to discharge and credit such payment against the
amount
due the contractor.
(e) Notwithstanding subsection (a)(1), a lien for the
furnishing of la-
bor, equipment, materials or supplies on property other than
residential
property may be claimed pursuant to this section, and
amendments
thereto, within five months only if the claimant has filed a
notice of ex-
tension within three months since last furnishing labor,
equipment, ma-
terials or supplies to the job site. Such notice shall be filed
in the office of
the clerk of the district court of the county where such
property is located
and shall be mailed by certified and regular mail to the general
contractor
or construction manager and a copy to the owner by regular mail,
if
known. The notice of extension shall contain substantially the
following
statement:
Notice of Extension to File Lien
__________________________________
Name of Subcontractor or Supplier
__________________________________
Address of Subcontractor or Supplier
__________________________________
Telephone Number of Subcontractor or
Supplier
__________________________________
Name and/or Number of Job
__________________________________
Address of Job Site
Filing of such notice extends the time for filing a lien
to five months for
the above subcontractor, supplier, or other person providing
materials
and labor on property owned by:
__________________________________
Owner's Name (if known)
__________________________________
Owner's Address (if known)
Sec. 3. K.S.A. 60-1102 and K.S.A. 2002 Supp.
60-1103 are hereby
repealed.
Sec. 4. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved April 10, 2003.
__________