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.
16-1701 Poultry production contracts; requirements; violations; remedies.
16-1701. Poultry production contracts; requirements; violations; remedies. (a) As used in this section: (1) “Contractor” means a person who owns poultry that is raised or cared for by a poultry producer; (2) “poultry” means posthatched to finished live chickens or turkeys that are raised by a poultry producer for slaughter by another; (3) “poultry producer” […]
16-1801 Title; rights and duties not waivable or varied under terms of contract.
16-1801. Title; rights and duties not waivable or varied under terms of contract. (a) K.S.A. 16-1801 through 16-1807, and amendments thereto, shall be known and may be cited as the Kansas fairness in private construction contract act. (b) The rights and duties prescribed by this act shall not be waivable or varied under the terms […]
16-1802 Definitions.
16-1802. Definitions. As used in this act: (a) “Alternate security” means an irrevocable bank letter of credit, certificate of deposit, cash bond or other type of asset or security of value equal to or exceeding the amount of retained funds. “Alternate security” shall not include a performance bond or a payment bond. (b) “Construction” means […]
16-1803 Private construction contracts; payment provisions; provisions against public policy, void, unenforceable; failure to pay.
16-1803. Private 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) and (h) and K.S.A. 16-1804 and 16-1805, and amendments thereto, all persons who enter into a contract for private construction after the effective date of this act, […]
16-1804 Retainage; release of retainage; incomplete work; alternate security; failure to pay.
16-1804. Retainage; release of retainage; incomplete work; 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 […]
16-1805 Suspension of performance, when.
16-1805. Suspension of performance, when. If any undisputed payment is not made within seven business days after the payment date established in a contract for private 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 […]
16-1611 Notarization and acknowledgment; electronic notarization.
16-1611. Notarization and acknowledgment; electronic notarization. If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to […]
16-1806 Action or arbitration to enforce act; costs; venue.
16-1806. Action or arbitration to enforce act; costs; venue. In any action to enforce K.S.A. 16-1803, 16-1804 or 16-1805, and amendments thereto, including arbitration, the court or arbitrator shall award costs and reasonable attorney fees to the prevailing party. Venue of such an action shall be in the county where the real property is located. […]