Kansas Statutes Annotated

K.S.A. § 60-1111 (2026)

Public works bond

✓ current as of May 2026

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60-1111. Public works bond. (a) Bond by contractor. Except as provided in this section, whenever any public official, under the laws of the state, enters into contract in any sum exceeding $100,000 with any person or persons for the purpose of making any public improvements, or constructing any public building or making repairs on the same, such officer shall take, from the party contracted with, a bond to the state of Kansas with good and sufficient sureties in a sum not less than the sum total in the contract, conditioned that such contractor or the subcontractor of such contractor shall pay all indebtedness incurred for labor furnished, materials, equipment or supplies, used or consumed in connection with or in or about the construction of such public building or in making such public improvements.

A contract which requires a contractor or subcontractor to obtain a payment bond or any other bond shall not require that such bond be obtained from a specific surety, agent, broker or producer. A public official entering into a contract which requires a contractor or subcontractor to obtain a payment bond or any other bond shall not require that such bond be obtained from a specific surety, 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 such public improvement is to be made. When such bond is filed, no lien shall attach under this article. Any liens which have been filed prior to the filing of such bond shall be discharged. Any person to whom there is due any sum for labor or material furnished, as stated in subsection (a), or such person's assigns, may bring an action on such bond for the recovery of such indebtedness but no action shall be brought on such bond after six months from the completion of such public improvements or public buildings.

(c) In any case of a contract for construction, repairs or improvements for the state or a state agency under K.S.A. 75-3739 or 75-3741, and amendments thereto, a certificate of deposit payable to the state may be accepted in accordance with and subject to K.S.A. 60-1112, and amendments thereto. When such certificate of deposit is so accepted, no lien shall attach under this article. Any liens which have been filed prior to the acceptance of such certificate of deposit shall be discharged. Any person to whom there is due any sum for labor furnished, materials, equipment or supplies used or consumed in connection with or for such contract for construction, repairs or improvements shall make a claim therefor with the director of purchases under K.S.A. 60-1112, and amendments 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.

Notes of Decisions

Cited in 12 cases, 1983–2013 · leading case: Arrowhead Constr. Co. v. Essex Corp., 662 P.2d 1195 (Kan. 1983).

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Arrowhead Constr. Co. v. Essex Corp., 662 P.2d 1195 (Kan. 1983). · cites it 6× “In support of this motion the defendants alleged the labor and material payment bond ac *244 quired by Essex was a “statutory public works” bond pursuant to K.S.A. 60-1111 which authorizes the discharge of previously filed liens when such a bond is filed with the district court.”

J. W. Thompson Co. v. Welles Prods. Corp., 758 P.2d 738 (Kan. 1988). · cites it 4× “Liability is predicated upon Penta’s payment bond filed pursuant to K.S.A. 60-1111, and, alternatively, upon a theory of unjust enrichment.”

Wichita Sheet Metal Supply, Inc. v. Dahlstrom & Ferrell Constr. Co., 792 P.2d 1043 (Kan. 1990). · cites it 6× “: In this consolidated appeal, two suppliers of materials to a second tier or “sub-subcontractor” seek to recover against the general contractor’s public works bond issued pursuant to K.S.A. 60-1111. The trial court entered summary judgment in favor of the general contractor and…”

Cedar Vale Co-Op Exch., Inc. v. Allen Utils., Inc., 694 P.2d 903 (Kan. Ct. App. 1985). · cites it 5× “As required by K.S.A. 60-1111, Allen *130 Utilities furnished what is commonly known as a contractor’s bond, with Universal Surety Company (Universal) as surety.”

Blinne Contracting Co. v. Bobby Goins Enter., Inc., 715 F. Supp. 1044 (D. Kan. 1989). · cites it 8× “In addition to the above amount representing the costs of the installed pipeline, Blinne also seeks recovery for labor and materials costs, equipment rental costs, transportation costs, 1 and lost profits arising from the alleged breach of the contract by Goins.”

BRB Contractors, Inc. v. Akkerman Equip., Inc., 935 F. Supp. 1156 (D. Kan. 1996). · cites it 5× “The controlling statute in this instance is K.S.A. § 60-1111, which provides that contractors performing public works construction projects valued at $10,000 or more must provide a surety bond for an amount not less than the total sum of the contract, “conditioned that such…”

Hope's Architectural Prods., Inc. v. Lundy's Constr., Inc., 781 F. Supp. 711 (D. Kan. 1991). · cites it 2× “Lundy’s provided a public works bond in connection with the Rushton project as required by K.S.A. § 60-1111 (1983). The purpose of the bond was to insure that Lundy’s paid any outstanding indebtedness it incurred in the construction of the project.”

Hope's Architectural Prods., Inc. v. Lundy's Constr., Inc., 762 F. Supp. 1430 (D. Kan. 1991). · cites it 4× “K.S.A. 60-1111. The purpose of the bond was to ensure the payment of any outstanding indebtedness incurred by defendant Lundy’s in the construction of the project.”

Wichita Sheet Metal Supply, Inc. v. Dahlstrom & Ferrell Constr. Co., 783 P.2d 353 (Kan. Ct. App. 1989). · cites it 10× “D&F provided a public works bond as required by K.S.A. 60-1111 to ensure payment of indebtedness incurred in the construction of the building.”

Vanguard Prods. Corp. v. Am. States Ins., 863 P.2d 991 (Kan. Ct. App. 1993). · cites it 4× “After a bench trial, the trial court entered a default judgment in Vanguard’s favor against Springer and Consolidated Construction. With respect to Vanguard’s claim against American States, the trial court found as a matter of fact that Vanguard was a supplier to a subcontractor…”

Trestle & Tower Eng'g, Inc. v. Star Ins., 13 F. Supp. 2d 1166 (D. Kan. 1998). “715 F.Supp. at 1046 n. 1. However, in reaching this determination, he noted that the costs of equipment rental would be recoverable in an action on a performance bond under K.”

Dun-Par Engineered Form Co. v. Vanum Constr. Co., 310 P.3d 1072 (Kan. Ct. App. 2013). · cites it 2× “60-1111 demonstrated the State’s public policy in favor of protecting subcontractors from nonpayment through the use of bonds. The district court found that Hanover’s risk was so limited under the terms of the bond that it appeared as an “inadvertent windfall to Hanover from the…”

— K.S.A. § 60-1111(a) — 2 cases

BRB Contractors, Inc. v. Akkerman Equip., Inc., 935 F. Supp. 1156 (D. Kan. 1996). “The controlling statute in this instance is K.S.A. § 60-1111, which provides that contractors performing public works construction projects valued at $10,000 or more must provide a surety bond for an amount not less than the total sum of the contract, “conditioned that such…”

Vanguard Prods. Corp. v. Am. States Ins., 863 P.2d 991 (Kan. Ct. App. 1993). “After a bench trial, the trial court entered a default judgment in Vanguard’s favor against Springer and Consolidated Construction. With respect to Vanguard’s claim against American States, the trial court found as a matter of fact that Vanguard was a supplier to a subcontractor…”

— K.S.A. § 60-1111(b) — 2 cases

Cedar Vale Co-Op Exch., Inc. v. Allen Utils., Inc., 694 P.2d 903 (Kan. Ct. App. 1985). “As required by K.S.A. 60-1111, Allen *130 Utilities furnished what is commonly known as a contractor’s bond, with Universal Surety Company (Universal) as surety.”

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