Haz-Mat Response, Inc. v. Certified Waste Services Ltd.

The opinion of the court was delivered by

Davis, J.:.

This appeal comes before us upon our grant of review on two issues: (1) whether the removal of hazardous waste from landowners’ property was an “improvement of real property” within the meaning of the mechanic’s lien statute, K.S.A. 60-1101; and (2) whether a subcontractor not in privity with the owner of the property may initiate an action for unjust enrichment against the owner when the prime contractor fails or refuses to pay the subcontractor.

The trial court granted summary judgment to the defendant on both issues. The Court of Appeals…