60-1101.
Liens of contractors; priority.
Any person furnishing labor, equipment, material, or supplies used or consumed for the improvement of real property, under a contract with the owner or with the trustee, agent or spouse of the owner, shall have a lien upon the property for the labor, equipment, material or supplies furnished at the site of the property subject to the lien, and for the cost of transporting the same. The lien shall be preferred to all other liens or encumbrances which are subsequent to the commencement of the furnishing of such labor, equipment, material or supplies by such claimant at the site of the property subject to the lien. When two or more such contracts are entered into applicable to the same improvement, the liens of all claimants shall be similarly preferred to the date of the earliest unsatisfied lien of any of them. If an earlier unsatisfied lien is paid in full or otherwise discharged, the commencement date for all claimants shall be the date of the next earliest unsatisfied lien.
History:
L. 1963, ch. 303, 60-1101; L. 1965, ch. 355, § 5; L. 1972, ch. 223, § 1; L. 1977, ch. 203, § 1; L. 1978, ch. 230, § 1; L. 1982, ch. 248, § 1; L. 2005, ch. 95, § 1; July 1.
Notes of Decisions
Haz-Mat Response, Inc. v. Certified Waste Servs. Ltd., 910 P.2d 839 (Kan. 1996).
· cites it 12× “This appeal comes before us upon our grant of review on two issues: (1) whether the removal of hazardous waste from landowners’ property was an “improvement of real property” within the meaning of the mechanic’s lien statute, K.S.A. 60-1101; and (2) whether a subcontractor not…”
Mut. Sav. Ass'n v. Res/Com Props., L.L.C., 79 P.3d 184 (Kan. Ct. App. 2003).
· cites it 24× “Resolution of the issues on this appeal require the interpretation of K.S.A. 60-1101 and K.S.A. 2002 Supp. 60-1103.”
Shade v. Wheatcraft Indus., Inc., 809 P.2d 538 (Kan. 1991).
· cites it 8× “58-2223 (which provides that an unrecorded mortgage is valid only between the parties until it is recorded) and with K.S.A. 60-1101 (which pro *536 vides that a mechanic’s lien has priority over all liens or encumbrances which are subsequent to the commencement of the mechanic’s…”
Seel v. Topeka Lumber Co. (In Re Seel), 22 B.R. 692 (Bankr. D. Kan. 1982).
· cites it 8× “K.S.A. § 60-1101 (Supp.1981) provides: (a) Any person furnishing labor, equipment, material, or supplies used or consumed for the improvement of real property, under a contract with the owner or with the .”
Kansas City Heartland Constr. Co. v. Maggie Jones Southport Cafe, Inc., 824 P.2d 926 (Kan. 1992).
· cites it 6× “Heartland argues that Maggie Jones acted as the agent for 95th & Nall, thus bringing the lien within the purview of K.S.A. 60-1101 and K.S.A. 60-1102. The statutes, in pertinent part, provide: “Any person furnishing labor, equipment, material, or supplies used or consumed for…”
Interlake, Inc. v. Kansas Power & Light Co., 644 P.2d 385 (Kan. Ct. App. 1981).
· cites it 10× “We have two separate mechanic's lien laws, one, the general law found at K.S.A. 60-1101 et seq., as amended, and the other, dealing specifically with oil and gas properties, being K.”
Constr. Materials, Inc. v. Becker, 659 P.2d 243 (Kan. Ct. App. 1983).
· cites it 7× “The trial judge held the lien statement fatally deficient because “it fails to name the contractor” as required by K.S.A. 1982 Supp. 60-1103. Since the lien statement was filed more than three months but less than four months after plaintiffs last delivery of materials,…”
Mark Twain Kansas City Bank v. Kroh Bros. Dev., 798 P.2d 511 (Kan. Ct. App. 1990).
· cites it 5× “The Bank filed a motion for summary judgment, contending the mechanics’ liens of Continental and Furman were invalid because the labor and services furnished were never utilized in the construction of any structure or any improvement upon the real estate.”
Confinement Specialists, Inc. v. Schlatter, 626 P.2d 223 (Kan. Ct. App. 1981).
· cites it 6× “Plaintiffs urge that they performed work on a single, legally defined unit, and filed liens on that unit, and that they should not have to be subjected to extensive litigation in order to know the extent of their security.”
All. Steel, Inc. v. Piland, 187 P.3d 111 (Kan. Ct. App. 2008).
· cites it 6× “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 consumed was last furnished or last labor performed under the contract a…”
— K.S.A. § 60-1101(a) — 1 case
Seel v. Topeka Lumber Co. (In Re Seel), 22 B.R. 692 (Bankr. D. Kan. 1982).
“K.S.A. § 60-1101 (Supp.1981) provides: (a) Any person furnishing labor, equipment, material, or supplies used or consumed for the improvement of real property, under a contract with the owner or with the .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.