Session Law

Identifying Information:L. 2003 ch. 045
Other Identifying Information:2003 Substitute for House Bill 2064
Tax Type:Other
Brief Description: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.
Keywords:


Body:

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, 2002.


__________




Date Composed: 10/29/2003 Date Modified: 10/29/2003