60-1110. Bond to secure payment of claims. The contractor or owner may execute a bond to the state of Kansas for the use of all persons in whose favor liens might accrue by virtue of this act, conditioned for the payment of all claims which might be the basis of liens in a sum not less than the contract price, or to any person claiming a lien which is disputed by the owner or contractor, conditioned for the payment of such claim in the amount thereof. Any such bond shall have good and sufficient sureties, be approved by a judge of the district court and filed with the clerk of the district court. When bond is approved and filed, no lien for the labor, equipment, material or supplies under contract, or claim described or referred to in the bond shall attach under this act, and if when such bond is filed liens have already been filed, such liens are discharged. Suit may be brought on such bond by any person interested but no such suit shall name as defendant any person who is neither a principal or surety on such bond, nor contractually liable for the payment of the claim.
History: L. 1963, ch. 303, 60-1110; L. 1992, ch. 314, § 12; L. 2005, ch. 95, § 4; July 1.
Source or prior law:
L. 1889, ch. 168, § 13; L. 1909, ch. 183, § 1; L. 1909, ch. 182, § 660; R.S. 1923, 60-1412.
Law Review and Bar Journal References:
This and following sections cited in article on sureties, Larry A. Withers, 10 W.L.J. 356, 357 (1971).
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, 60-1412 and the 1961 Supp. thereto.
1. Cited; action instituted hereunder. O. Kan. Johnson Electric, Inc. v. Hess-Martin Corporation, Inc., 204 Kan. 478, 464 P.2d 206.
2. Dispute as to amount of bond required hereunder not determined. Tyler v. Cowen Construction, Inc., 216 Kan. 401, 403, 405, 532 P.2d 1276.
3. Recovery on bond; need not show lien perfected but rather that it could have been if bond not filed. Bob Eldridge Constr. Co. v. Pioneer Materials, Inc., 235 Kan. 599, 603, 684 P.2d 355 (1984).
4. K.S.A. 60-1105(a) as statute of duration not limitation requiring action within one year to perfect lien determined. In re Birdview Satellite Communications, Inc., 90 B.R. 465, 470 (1988).
5. Amendments to statute enacted in 2005, adding procedures for smaller bonds to release disputed mechanic's lien amounts, did not change relationship between claims and liens. Wagner Interior Supply of Wichita, Inc. v. Dynamic Drywall, Inc., 305 Kan. 828, 836-37, 389 P.3d 205 (2017).
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