60-1103a. Subcontractors' liens; improvement of residential property.
60-1103a
60-1103a. Subcontractors' liens; improvement of residential property.(a) As used in this section, "improvement of residential property" means:
(1) Improvement of a preexistingstructure in which the owner resides at the time the claimant first furnisheslabor, equipment, material or supplies and which is not used or intendedfor use as a residence for more than two families or for commercialpurposes or improvement or construction of any addition, garage, fence,swimming pool, outbuilding or other improvement appurtenant to such a structure; or
(2) any construction upon real property which is (A) owned or acquiredby an individual at the time the claimant first furnishes labor, equipment,material or supplies; (B) intended to become and does become the principalpersonal residence of that individual upon completion; and (C) not used orintended for use as a residence for more than two families or for commercial purposes.
(b) A lien for the furnishingof labor, equipment, materials or supplies for the improvement of residentialproperty may be claimed pursuant to K.S.A. 60-1103 and amendments theretoonly if the claimant has:
(1) Mailed to any one of the owners of the property a warning statementconforming with this section; or
(2) in the claimant's possession a copy of a statement signed and datedby any one owner of the property stating that the general contractor orthe claimant had given the warning statement conforming with this sectionto one such owner of the property.
(c) The warning statement provided for by this section, to be effective,shall contain substantially the following statement:
"Notice to owner: (name of supplier or subcontractor) is a supplier orsubcontractor providing materials or labor on Job No. ______ at (residenceaddress) under an agreement with (name of contractor). Kansas law will allowthis supplier or subcontractor to file a lien against your property formaterials or labor not paid for by your contractor unless you have a waiverof lien signed by this supplier or subcontractor. If you receive a noticeof filing of a lien statement by this supplier or subcontractor, you may withhold fromyour contractor the amount claimed until the dispute is settled."
(d) The warning statement provided for by this section shall notbe required if the claimant's total claim does not exceed $250.
History: L. 1986, ch. 217, § 2; Jan. 1, 1987.