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K.S.A. 60-1103b Notice of Intent to Perform (7/1/05)

NOTICE OF INTENT TO PERFORM
I,
(name of supplier, subcontractor or contractor) (address of supplier, subcontractor or contractor) ,

do hereby give public notice that I am a supplier, subcontractor or contractor or other person providing materials or labor on property owned by
property owner (name of

and having the legal description as follows:

(Legal description of property

Authority

K.S.A. 60-1103b

Notes on Use The notice of intent to perform provided for in K.S.A. 60-1103b is limited to "new residential property" which is defined as "a new structure which is constructed for use as a residence and which is not used or intended for use as a residence for more than two families or for commercial purposes. `New residential property' does not include any improvement of a preexisting structure or construction of any addition, garage or outbuilding appurtenant to a preexisting structure." K.S.A. 60-1103b(a). The lien for furnishing labor, equipment, materials or supplies for the construction of new residential property may be claimed pursuant to K.S.A. 60-1103 after the passage of title to such new residential property to a good faith purchaser for value only if the claimant has filed a notice of intent to perform prior to the recording of the deed effecting passage of title to such new residential property. K.S.A. 60-1103b(b). Comments For history of the litigation giving rise to this provision, see Owen Lumber Co. v. Arthur Chartrand, 27 Kan.App.2d 72, 998 P.2d 509, judgment aff'd, 270 Kan. 215, 14 P.3d 395 (2000) and Owen Lumber Co. v. Chartrand, 276 Kan. 218, 73 P.3d 753 (2003).