Contracts to be let to lowest responsible bidder; nonresidents; bonds in lieu of mechanic's liens; filing claim before actions on bond

68-410. Contracts to be let to lowest responsible bidder; nonresidents; bonds in lieu of mechanic's liens; filing claim before actions on bond. All contracts for the construction, improvement, reconstruction, and maintenance of the highway system, the cost of which exceeds one thousand dollars ($1,000), except contracts between the secretary of transportation and the various counties, shall be awarded at a public letting to the lowest responsible bidder: Provided, however, That no contract for a single project or structure shall be divided into two or more contracts and awarded without public letting and to other than the lowest responsible bidder. The secretary shall adopt necessary rules and regulations covering the making and receiving of bids and letting of contracts: Provided, That no contract shall be awarded to a nonresident individual, partnership or corporation unless the same has established a permanent office in the state of Kansas so that service can be had and taxes collected from said nonresident: And provided further, That the provisions of K.S.A. 16-113 shall not apply to contracts made by the secretary. The person or persons to whom a contract may be awarded shall give good and sufficient surety bond by a company authorized to do business in this state to be approved by the secretary, and filed with the secretary in such sum as the secretary shall fix, not less than the amount of such contract price, conditioned that such contractor will faithfully perform such contract in every respect and conditioned further that such contractor or contractors or subcontractor or subcontractors of said contractor or contractors shall pay all indebtedness incurred for supplies, materials or labor furnished, used or consumed in connection with or in or about the construction of the project for which the contract has been let, including gasoline, lubricating oils, fuel oils, greases, coal and similar items used or consumed and used directly in carrying out the provisions of the contract: Provided, That when such bond has been so approved by and filed with the secretary of transportation, no mechanic's lien shall attach by reason of the failure of the contractor or contractors or subcontractor or subcontractors of said contractor or contractors to pay for or make settlement for the items covered by this act: Provided further, That any person to whom there is due any sum for labor or material or for any item covered by this act or his or her assigns, may bring an action on said bond for the recovery of said indebtedness and said suit may be brought in any county in the state where any part of said contract has been performed: Provided further, That no such action shall be brought on said bond unless within six (6) months after the completion date of said contract, according to the records of the secretary of transportation, there be filed with the secretary an itemized statement of the amount of such indebtedness, which itemized statement must be sworn to and acknowledged before a notary public or other officer authorized to administer oaths: Provided, That no action shall be brought on said bond after one (1) year from the completion date of said contract: Provided further, The provisions of K.S.A. 60-1111 shall not apply to contracts made by the secretary of transportation. History: L. 1929, ch. 225, § 11; L. 1933, ch. 239, § 1; L. 1935, ch. 246, § 1; L. 1975, ch. 427, § 94; August 15. Cross References to Related Sections: Uniform specifications and inspections, see 68-553 through 68-557. Construction and maintenance, see 75-3739(f). Procedures for correction of public improvement project bids based on mistakes, see 75-6901 et seq. Law Review and Bar Journal References: 1963-65 survey of law of contracts, Fred N. Six, 14 K.L.R. 209, 213 (1965). 1963-65 survey of debtor-creditor law, Robert B. Morton, 14 K.L.R. 251, 258 (1965). CASE ANNOTATIONS 1. Bond given under original section held not for materialman's benefit. Cavanaugh v. Globe Indemnity Co., 141 Kan. 774, 776, 44 P.2d 216. 2. Power of county to contract with commission for improvement of state highway determined. Geary County Comm'rs v. State Highway Comm., 143 Kan. 976, 981, 57 P.2d 82. 3. Contractor performing according to commission's plans not liable for damages to abutting owners. Engler v. Aldridge, 147 Kan. 43, 46, 75 P.2d 290. 4. Payment by bonding company of claims not "filed" and "itemized" discussed. Brewer v. Harris, 147 Kan. 197, 201, 75 P.2d 287. 5. Nonresident contractor appointed attorney to comply herewith; service of process on attorney sufficient. Shrake Electric, Inc. v. Central Surety & Ins. Corp., 185 Kan. 230, 231, 232, 233, 234, 342 P.2d 159. 6. Statute read into power of attorney given resident by nonresident contractor. Shrake Electric, Inc. v. Central Surety & Ins. Corp., 185 Kan. 230, 231, 232, 233, 234, 342 P.2d 159. 7. Petition in action on bond given hereunder held sufficient; demurrer properly overruled. Dial v. Freeto Construction Co., 191 Kan. 401, 402, 403, 381 P.2d 363. 8. Provisions of statutory contract bond show intention of obligors to pay for transporting road materials and surety thus bound. Thompson Transport Co. v. Middlestates Construction Co., 194 Kan. 52, 53, 55, 57, 59, 397 P.2d 368. 9. Cited; bid requirements for minority business participation in highway construction project receiving federal financial assistance examined. Gilbert Cent. Corp. v. Kemp, 637 F. Supp. 843, 846 (1986). 10. Notice of suit was sufficiently provided to state secretary of transportation. A.H.L. Inc. of Delaware v. Star Ins. Co., 10 F. Supp. 2d 1216, 1220 (1998). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026