60-1111. Public works bond.
60-1111
60-1111. Public works bond.(a) Bond by contractor. Except as provided inthis section, whenever any public official, under the laws of the state,enters into contract in any sum exceeding $100,000 withany person or persons for the purpose of making any public improvements, orconstructing any public building or making repairs on the same, such officershall take, from the party contracted with, a bond to the state of Kansas withgood and sufficient sureties in a sum not less than the sum total in thecontract, conditioned that such contractor or the subcontractor of suchcontractor shall pay all indebtedness incurred for labor furnished, materials,equipment or supplies, used or consumed in connection with or in or about theconstruction of such public building or in making such public improvements.
A contract which requires a contractor or subcontractor to obtain a paymentbond or any other bond shall not require that such bond be obtained from aspecific surety, agent, broker or producer. A public official entering into acontract which requires a contractor or subcontractor to obtain a payment bondor any other bond shall not require that such bond be obtained from a specificsurety, agent, broker or producer.
(b) Filing and limitations. The bond required under subsection (a)shall be filed with the clerk of the district court of the county in which suchpublic improvement is to be made. When such bond is filed, no lien shall attachunder this article. Any liens which have been filed prior to the filingof such bond shall be discharged. Any person to whom there is due any sumfor labor or material furnished, as stated insubsection (a), or such person's assigns, may bring an action on suchbond for the recovery of such indebtedness but no action shall be brought onsuch bond after six months from the completion of such public improvements orpublic buildings.
(c) In any case of a contract for construction, repairs or improvementsfor the state or a state agency under K.S.A. 75-3739 or 75-3741, andamendments thereto, a certificate of deposit payable to the state may beaccepted in accordance with and subject to K.S.A. 60-1112, and amendmentsthereto. When such certificate of deposit is so accepted, no lien shall attachunder this article. Any liens which have beenfiled prior to the acceptance of such certificate of deposit shall bedischarged. Any person to whom there is due any sum for labor furnished,materials, equipment or supplies used or consumed in connection with or forsuch contract for construction, repairs or improvements shall make aclaim therefor with the director of purchases under K.S.A. 60-1112, andamendments thereto.
History: L. 1963, ch. 303, § 60-1111; L. 1980, ch. 174,§ 1;L. 1983, ch. 290, § 2; L. 1992, ch. 314, § 13;L. 1998, ch. 69, § 1;L. 2002, ch. 73, § 1;L. 2004, ch. 131, § 1; July 1.