Kansas Statutes Annotated

K.S.A. § 60-1103 (2026)

Liens of suppliers and subcontractors; procedure, recording and notice; owner's liability; notice of extension

✓ current as of May 2026

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60-1103. Liens of suppliers and subcontractors; procedure, recording and notice; owner's liability; notice of extension. (a) Procedure. Any supplier, subcontractor or other person 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 corporation 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 interest 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 labor, 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 extension within three months since last furnishing labor, equipment, materials 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 be deemed sufficient if in substantial compliance with the form set forth by the judicial council.

History: L. 1963, ch. 303, 60-1103; L. 1967, ch. 325, § 1; L. 1978, ch. 230, § 3; L. 1982, ch. 248, § 2; L. 1986, ch. 217, § 1; L. 1992, ch. 47, § 3; L. 2000, ch. 175, § 7; L. 2003, ch. 45, § 2; L. 2005, ch. 101, § 14; July 1.

Notes of Decisions

Cited in 38 cases (2 in the last 5 years), 1967–2022 · leading case: Owen Lumber Co. v. Chartrand, 157 P.3d 1109 (Kan. 2007).

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Owen Lumber Co. v. Chartrand, 157 P.3d 1109 (Kan. 2007). · cites it 34× “” The court concluded that “formal service” failed because the Chartrands decided not to pick up the restricted mail that they “knew” had come from Owen Lumber, and Owen Lumber did not attempt service by other means.”

Owen Lumber Co. v. Chartrand, 73 P.3d 753 (Kan. 2003). · cites it 12× “The action was filed prior to the effective date of amendments to K.S.A. 60-1103 passed by the 2000 legislature.”

Owen Lumber Co. v. Chartrand, 14 P.3d 395 (Kan. 2000). · cites it 38× “First, the Court of Appeals found that the district court had mistakenly found that K.S.A. 60-1103 and 60-1103b were passed in response to Star Lumber & Supply Co.”

All. Steel, Inc. v. Piland, 187 P.3d 111 (Kan. Ct. App. 2008). · cites it 20× “K.S.A. 60-1103. Because there is no privity of contract between a subcontractor and a property owner, however, a subcontractor can obtain a lien only by complying with the statutory provisions.”

J. Walters Constr. Co. v. Greystone South P'ship, L.P., 817 P.2d 201 (Kan. Ct. App. 1991). · cites it 10× “Specifically, they contend the court erred in ruling subcontractors’ mechanics’ liens filed under K.S.A. 1990 Supp. 60-1103 attach under the rules governing contractor’s mechanics’ liens in K.”

Bowen Eng'g, Corp. v. Pac. Indem. Co., 83 F. Supp. 3d 1185 (D. Kan. 2015). · cites it 6× “Since K.S.A. 60-1103 does not include such language, Bowen argues, it means such owner’s agents are not included.”

Mut. Sav. Ass'n v. Res/Com Props., L.L.C., 79 P.3d 184 (Kan. Ct. App. 2003). · cites it 9× “60-1101 and K.S.A. 2002 Supp. 60-1103. Interpretation of a statute is a question of law subject to unhmited review.”

Trane Co. v. Bakkalapulo, 672 P.2d 586 (Kan. 1983). · cites it 8× “: This action arises out of an attempted foreclosure by plaintiff-appellant, The Trane Company, of a subcontractors mechanic's lien (lien), filed pursuant to K.S.A. 1980 Supp. 60-1103. Defendants-appellees filed a motion to dismiss the action, *349 contending that the…”

Scott v. Strickland, 691 P.2d 45 (Kan. Ct. App. 1984). · cites it 5× “Defendants’ reliance on Schwaller Lumber is misplaced in light of the changes effected in K.S.A. 60-1103 since that decision was reached.”

Tradesmen Int'l, Inc. v. Wal-Mart Real Est. Bus. Trust, 129 P.3d 102 (Kan. Ct. App. 2006). · cites it 8× “Here, by not following an essential requirement of K.S.A. 60-1103 to name the proper contractor, Tradesmen failed to bring itself within the statutory provisions to file a valid mechanic’s Hen.”

Constr. Materials, Inc. v. Becker, 659 P.2d 243 (Kan. Ct. App. 1983). · cites it 8× “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,…”

Kopp's Rug Co. v. Talbot, 620 P.2d 1167 (Kan. Ct. App. 1980). · cites it 5× “We conclude that the service of notice of the mechanics’ liens sufficiently complied with K.S.A. 60-1103. Yet another reason exists to affirm, and that is that the statute has been amended and now notice is deemed to have been given if it is proved that the person to be served…”

Show all 38 citing cases →

— K.S.A. § 60-1103(a) — 8 cases

Owen Lumber Co. v. Chartrand, 157 P.3d 1109 (Kan. 2007). “” The court concluded that “formal service” failed because the Chartrands decided not to pick up the restricted mail that they “knew” had come from Owen Lumber, and Owen Lumber did not attempt service by other means.”

Kopp's Rug Co. v. Talbot, 620 P.2d 1167 (Kan. Ct. App. 1980). “We conclude that the service of notice of the mechanics’ liens sufficiently complied with K.S.A. 60-1103. Yet another reason exists to affirm, and that is that the statute has been amended and now notice is deemed to have been given if it is proved that the person to be served…”

Scott v. Strickland, 691 P.2d 45 (Kan. Ct. App. 1984). “Defendants’ reliance on Schwaller Lumber is misplaced in light of the changes effected in K.S.A. 60-1103 since that decision was reached.”

Wichita Sheet Metal Supply, Inc. v. Dahlstrom & Ferrell Constr. Co., 792 P.2d 1043 (Kan. 1990).

Bowen Eng'g, Corp. v. Pac. Indem. Co., 83 F. Supp. 3d 1185 (D. Kan. 2015). “Since K.S.A. 60-1103 does not include such language, Bowen argues, it means such owner’s agents are not included.”

— K.S.A. § 60-1103(a)(1) — 6 cases

Tradesmen Int'l, Inc. v. Wal-Mart Real Est. Bus. Trust, 129 P.3d 102 (Kan. Ct. App. 2006). “Here, by not following an essential requirement of K.S.A. 60-1103 to name the proper contractor, Tradesmen failed to bring itself within the statutory provisions to file a valid mechanic’s Hen.”

All. Steel, Inc. v. Piland, 187 P.3d 111 (Kan. Ct. App. 2008). “K.S.A. 60-1103. Because there is no privity of contract between a subcontractor and a property owner, however, a subcontractor can obtain a lien only by complying with the statutory provisions.”

Nat'l Restoration Co. v. Merit Gen. Contractors, Inc., 208 P.3d 755 (Kan. Ct. App. 2009).

Bethlehem Steel Corp. v. Nat'l Coop. Refinery Ass'n, 871 P.2d 1282 (Kan. Ct. App. 1994).

In re Lien Against the Dist. at City Ctr. (Kan. Ct. App. 2020).

— K.S.A. § 60-1103(a)(2) — 1 case

In re Lien Against the Dist. at City Ctr. (Kan. Ct. App. 2020).

— K.S.A. § 60-1103(a)(3) — 3 cases

Owen Lumber Co. v. Chartrand, 73 P.3d 753 (Kan. 2003). “The action was filed prior to the effective date of amendments to K.S.A. 60-1103 passed by the 2000 legislature.”

Owen Lumber Co. v. Chartrand, 14 P.3d 395 (Kan. 2000). “First, the Court of Appeals found that the district court had mistakenly found that K.S.A. 60-1103 and 60-1103b were passed in response to Star Lumber & Supply Co.”

— K.S.A. § 60-1103(a)(l) — 3 cases

Creme De La Creme (Kansas), Inc. v. R&R Int'l, Inc., 85 P.3d 205 (Kan. Ct. App. 2004).

Bethlehem Steel Corp. v. Nat'l Coop. Refinery Ass'n, 871 P.2d 1282 (Kan. Ct. App. 1994).

— K.S.A. § 60-1103(b) — 3 cases

Goodyear Tire & Rubber Co. v. Jones, 317 F. Supp. 1285 (D. Kan. 1968).

— K.S.A. § 60-1103(c) — 4 cases

Owen Lumber Co. v. Chartrand, 73 P.3d 753 (Kan. 2003). “The action was filed prior to the effective date of amendments to K.S.A. 60-1103 passed by the 2000 legislature.”

Owen Lumber Co. v. Arthur Chartrand, 998 P.2d 509 (Kan. Ct. App. 2000).

— K.S.A. § 60-1103(d) — 2 cases

Davis v. Kice Indus., Inc. (In re WB Servs., LLC), 587 B.R. 548 (Bankr. D. Kan. 2018).

— K.S.A. § 60-1103(e) — 1 case

Approved Paving v. Paul Heinen & Assocs., Inc. (Kan. Ct. App. 2021).

— K.S.A. § 60-1103(o) — 1 case

Constr. Materials, Inc. v. Becker, 659 P.2d 243 (Kan. Ct. App. 1983). “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,…”

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