16-2004 Same; exceptions.
16-2004. Same; exceptions. No provision of this act shall be construed to: (a) Prohibit any employer or other party from entering into any agreement or engaging in any other activity protected by the national labor relations act, 29 U.S.C. §§ 151 to 169; and (b) interfere with labor relations of any party that is protected […]
16-2005 Same; definitions.
16-2005. Same; definitions. For the purposes of this act: (a) “Governmental entity” means a state agency or a municipality as the context requires. (b) “Municipality” means the same as specified in K.S.A. 12-105a, and amendments thereto. (c) “State agency” means the same as specified in K.S.A. 75-3728a, and amendments thereto. History: L. 2012, ch. 153, […]
16-1903 Public construction contracts; payment provisions; provisions against public policy, void, unenforceable; failure to pay.
16-1903. Public construction contracts; payment provisions; provisions against public policy, void, unenforceable; failure to pay. (a) Subject to the provisions of subsections (b), (c), (d), (e), (f), (g), (h) and K.S.A. 16-1904 and 16-1905, and amendments thereto, all owners, contractors and subcontractors, who enter into a contract for public construction after the effective date of […]
16-1904 Retainage; release and withholding thereof; alternate security; failure to pay.
16-1904. Retainage; release and withholding thereof; alternate security; failure to pay. (a) Retainage shall not exceed 5% of the value of the contract or subcontract unless the owner or contractor determines that a higher rate of retainage is required to ensure performance of the contract. Retainage, however, shall not exceed 10% of the value of […]
16-1905 Suspension of performance, when.
16-1905. Suspension of performance, when. If any undisputed payment is not made within seven business days after the payment date established in a contract for public construction or in this act, the contractor and any subcontractors, regardless of tier, upon seven additional business days’ written notice to the owner and, in the case of a […]
16-1906 Action or arbitration to enforce act; costs; venue.
16-1906. Action or arbitration to enforce act; costs; venue. In any action to enforce K.S.A. 16-1903, 16-1904 or 16-1905, and amendments thereto, including arbitration, between a contractor and subcontractors or subcontractors and subcontractors, the court or arbitrator shall award costs and reasonable attorney fees to the prevailing party. Venue of such an action shall be […]
16-1907 Provisions waiving right to collect damages for delays, void, unenforceable.
16-1907. Provisions waiving right to collect damages for delays, void, unenforceable. Any provision in a contract that purports to waive the rights of a party to the contract to collect damages for delays caused by another party to the contract shall be void, unenforceable and against public policy. This provision is not intended to create […]
16-1908 Scope.
16-1908. Scope. The provisions of the Kansas fairness in public construction contract act shall not apply to construction projects which are required to comply with section 109 of the Kansas department of transportation special provisions to the standard specifications, 1990 edition (90P-205-R6) or any subsequent editions. History: L. 2007, ch. 163, § 8; July 1.
16-1909 Public-private agreement; bond requirements.
16-1909. Public-private agreement; bond requirements. (a) Prior to entering into a contract in any sum exceeding $100,000 with an owner that involves a public-private agreement, the contractor shall furnish to the owner or owner’s agent the following bonds, which shall be placed with good and sufficient sureties as determined by the public owner and shall […]
16-2001 Competitive bid protection act; citation of act.
16-2001. Competitive bid protection act; citation of act. K.S.A. 2021 Supp. 16-2001 through 16-2005, and amendments thereto, shall be known and may be cited as the competitive bid protection act. History: L. 2012, ch. 153, § 1; July 1.