Requiring that sureties for bonds secured for the purpose of clearing contractors liens against property be licensed to do business in Kansas, providing that district courts award attorney fees and costs to successful claimants that demanded payment by the principal and surety prior to filing suit and did not receive payment and requiring a pretrial hearing in such a suit for the purpose of a preliminary finding by the court of whether the surety should pay the amount of the claim to the claimant or alternatively pay such amount into an account to be held by the court.

Session of 2025
HOUSE BILL No. 2341
By Committee on Commerce, Labor and Economic Development
Requested by Representative K. Williams
2-7
AN ACT concerning contractor's and other liens on property; relating to
bonds posted by property owners against such liens for the purpose of
securing payment of the claims and clearing such liens; requiring that
sureties for such bonds be licensed to do business in Kansas; providing
that district courts award attorney fees and costs to successful claimants
that demanded payment of the principal and surety prior to filing suit
and did not receive payment; requiring a pretrial hearing for the
purpose of a preliminary finding by the court of whether the surety
should pay the amount of the claim to the claimant or alternatively pay
such amount into an account to be held by the court; amending K.S.A.
60-1110 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 60-1110 is hereby amended to read as follows: 60-
1110. (a) 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 ,. The bond shall be conditioned for the payment of all
claims which that might be the basis of liens in a sum not less than the
contract price, or to any person claiming a lien which that 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. Any surety on such bond shall be licensed as required by law
to do business in the state of Kansas. 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.
(b) (1) If a written demand for payment was made to the principal
and surety on a bond and payment to such claimant was not made within
30 days of such written demand and the district court rules in favor of the
claimant in a subsequent suit brought on such bond by the claimant
pursuant to subsection (a), the district court shall award the claimant
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HB 2341 2
attorney fees and court costs that shall be assessed against the principal
and the surety.
(2) In a suit brought on a bond pursuant to subsection (a), the district
court shall conduct a hearing within 30 days of the filing of the answer for
the purpose of an initial determination by the court of whether the surety
should be ordered to pay the amount claimed to the claimant or, as an
alternative, pay the amount claimed into an account to be held by the
district court until a final ruling or further order of the court.
Sec. 2. K.S.A. 60-1110 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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