60-1103b.Subcontractors' liens; new residentialproperty.(a) As used in this section, "new residential property"means a new structure which is constructed for use as aresidence and which is not used or intended for use as aresidence for more than two families or for commercial purposes. "Newresidential property" does not include any improvement of a preexistingstructure or construction of any addition, garage or outbuilding appurtenant toa preexisting structure.
(b) A lien for the furnishing of labor, equipment, materials orsupplies for the construction of new residential property may beclaimed pursuant to K.S.A. 60-1101 or 60-1103 and amendments theretoafter the passageof title to such new residential property to a good faith purchaser for valueonly if the claimant has filed a notice of intent to perform prior to therecording of the deed effecting passageof title to such new residential property.Such notice shall be filed in the office of the clerk of thedistrict court of the county where the property is located.
(c) The notice of intent to perform and release thereof provided for in thissection, to be effective, shall be deemed sufficient if in substantialcompliance with the form set forth by the judicial council.
(d) When any claimant who has filed a notice of intent to perform has beenpaid in full or otherwise discharged, such claimant shall be required tofile in the office in whichthe notice of intent to perform was filed, and to pay any requisite filing fee,a release of such notice and waiver of lien which shall be executed by theclaimant, shall identify the property as set forth in the notice of intent toperform, and state that it is the intention of the claimant to waive orrelinquish any statutory right to a lien for the furnishing of labor ormaterial to the property. Upon such filing, the notice of intent to performpreviously filed by such claimant shall be of no further force or effect, andsuch claimant's right to a lien under K.S.A. 60-1101 and 60-1103, andamendments thereto, shall be extinguished.
(e) Any owner of the real estate upon which a notice of intent to performhas been filed, or any owner's heirs or assigns, or anyone acting for suchowner,heirs or assigns, and after payment in full to the claimant, may make demandupon the claimant filing the notice of intent to perform, for the filing of arelease of the notice and waiver of lien as provided for insubsection (d), unless the same has expired by virtue of the provisions setforth in subsection (f).
(f) Notwithstanding the requirements of subsections (d) and (e), a notice ofintent to perform shall be of no further force or effect after the expirationof 18 months from the date of filing the same, unless within such time theclaimant has filed a lien pursuant to K.S.A. 60-1101 and 60-1103, andamendments thereto.
60-1103b.Subcontractors' liens; new residentialproperty.(a) As used in this section, "new residential property"means a new structure which is constructed for use as aresidence and which is not used or intended for use as aresidence for more than two families or for commercial purposes. "Newresidential property" does not include any improvement of a preexistingstructure or construction of any addition, garage or outbuilding appurtenant toa preexisting structure.
(b) A lien for the furnishing of labor, equipment, materials orsupplies for the construction of new residential property may beclaimed pursuant to K.S.A. 60-1101 or 60-1103 and amendments theretoafter the passageof title to such new residential property to a good faith purchaser for valueonly if the claimant has filed a notice of intent to perform prior to therecording of the deed effecting passageof title to such new residential property.Such notice shall be filed in the office of the clerk of thedistrict court of the county where the property is located.
(c) The notice of intent to perform and release thereof provided for in thissection, to be effective, shall be deemed sufficient if in substantialcompliance with the form set forth by the judicial council.
(d) When any claimant who has filed a notice of intent to perform has beenpaid in full or otherwise discharged, such claimant shall be required tofile in the office in whichthe notice of intent to perform was filed, and to pay any requisite filing fee,a release of such notice and waiver of lien which shall be executed by theclaimant, shall identify the property as set forth in the notice of intent toperform, and state that it is the intention of the claimant to waive orrelinquish any statutory right to a lien for the furnishing of labor ormaterial to the property. Upon such filing, the notice of intent to performpreviously filed by such claimant shall be of no further force or effect, andsuch claimant's right to a lien under K.S.A. 60-1101 and 60-1103, andamendments thereto, shall be extinguished.
(e) Any owner of the real estate upon which a notice of intent to performhas been filed, or any owner's heirs or assigns, or anyone acting for suchowner,heirs or assigns, and after payment in full to the claimant, may make demandupon the claimant filing the notice of intent to perform, for the filing of arelease of the notice and waiver of lien as provided for insubsection (d), unless the same has expired by virtue of the provisions setforth in subsection (f).
(f) Notwithstanding the requirements of subsections (d) and (e), a notice ofintent to perform shall be of no further force or effect after the expirationof 18 months from the date of filing the same, unless within such time theclaimant has filed a lien pursuant to K.S.A. 60-1101 and 60-1103, andamendments thereto.
60-1103b.Subcontractors' liens; new residentialproperty.(a) As used in this section, "new residential property"means a new structure which is constructed for use as aresidence and which is not used or intended for use as aresidence for more than two families or for commercial purposes. "Newresidential property" does not include any improvement of a preexistingstructure or construction of any addition, garage or outbuilding appurtenant toa preexisting structure.
(b) A lien for the furnishing of labor, equipment, materials orsupplies for the construction of new residential property may beclaimed pursuant to K.S.A. 60-1101 or 60-1103 and amendments theretoafter the passageof title to such new residential property to a good faith purchaser for valueonly if the claimant has filed a notice of intent to perform prior to therecording of the deed effecting passageof title to such new residential property.Such notice shall be filed in the office of the clerk of thedistrict court of the county where the property is located.
(c) The notice of intent to perform and release thereof provided for in thissection, to be effective, shall be deemed sufficient if in substantialcompliance with the form set forth by the judicial council.
(d) When any claimant who has filed a notice of intent to perform has beenpaid in full or otherwise discharged, such claimant shall be required tofile in the office in whichthe notice of intent to perform was filed, and to pay any requisite filing fee,a release of such notice and waiver of lien which shall be executed by theclaimant, shall identify the property as set forth in the notice of intent toperform, and state that it is the intention of the claimant to waive orrelinquish any statutory right to a lien for the furnishing of labor ormaterial to the property. Upon such filing, the notice of intent to performpreviously filed by such claimant shall be of no further force or effect, andsuch claimant's right to a lien under K.S.A. 60-1101 and 60-1103, andamendments thereto, shall be extinguished.
(e) Any owner of the real estate upon which a notice of intent to performhas been filed, or any owner's heirs or assigns, or anyone acting for suchowner,heirs or assigns, and after payment in full to the claimant, may make demandupon the claimant filing the notice of intent to perform, for the filing of arelease of the notice and waiver of lien as provided for insubsection (d), unless the same has expired by virtue of the provisions setforth in subsection (f).
(f) Notwithstanding the requirements of subsections (d) and (e), a notice ofintent to perform shall be of no further force or effect after the expirationof 18 months from the date of filing the same, unless within such time theclaimant has filed a lien pursuant to K.S.A. 60-1101 and 60-1103, andamendments thereto.
