September 09, 2010
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Penalties for using an illegal construction contract in Kansas:
  • Any attempt in a consumer contract to disclaim the warranty of merchantability and fitness for a particular purpose is void under Kansas Annotated Statutes § 50-639 and is a violation of the Kansas Consumer Protection Act, Kansas Annotated Statutes § 50-623 to § 50-643. Penalties include a fine of up to $10,000. Kansas Annotated Statutes § 50-636.
  • Payment terms in a private construction contract that don't comply with Kansas Annotated Statutes § 16-1801 to § 16-1807 are unenforceable and can result in an interest penalty and an award of attorney fees.
  • Payment terms in a subcontract for public works construction that don't comply with Annotated Statutes § 16-1901 to § 16-1908 are unenforceable and can result in an interest penalty and an award of attorney fees.
  • Failure to include the notice required by the Kansas Residential Construction Defect Act is a violation of Kansas Annotated Statutes § 60-4706.
  • Any agreement in a construction contract which would indemnify someone for their own negligence is void under Kansas Annotated Statutes § 16-121(b).
  • Any provision in a construction contract which would require one party to provide liability coverage for another party is void unless coverage is on a separate policy paid for by the party claiming indemnity. Kansas Annotated Statutes § 16-121(c)
  • Omission of federal truth in lending disclosures required by 15 United States Code § 1638 makes the creditor liable for both the overcharge and the debtor's attorney fees.
  • Omission of disclosures required by 12 Code of Federal Regulations § 226.15 extends the right of rescission to three years (rather than three days).
  • Omission of insulation disclosures required by 16 Code of Federal Regulation § 460 can result in an $11,000 fine.
The contracts linked below will help Kansas contractors avoid these penalties by complying with state and federal law.
The contracts linked below also comply with current Kansas and federal court decisions.

Kansas Construction Contracts Available Now
Title Bias Contract Type Page Length
KS Commercial Construction I Light bias in favor of the contractor. Prime 30
KS Commercial Construction II Light bias in favor of the owner. Prime 12
KS Commercial Repair Neutral. Prime 16
KS Commercial Subcontract I Light bias in favor of the subcontractor. Subcontract 27
KS Commercial Subcontract II Light bias in favor of the contractor. Subcontract 13
KS Custom Home I Light bias in favor of the contractor. Prime 20
KS Custom Home II Light bias in favor of the owner. Prime 26
KS Home Improvement I Moderate bias in favor of the contractor. Prime 25
KS Home Improvement II Moderately favors the owner. Prime 30
KS Home Repair I Heavy bias in favor of the contractor. Prime 13
KS Home Repair II Heavy bias in favor of the owner. Prime 19
KS Pool Neutral. Prime 20
KS Public Works Subcontract Moderate bias in favor of the contractor. Subcontract 31
KS Residential Subcontract I Light bias in favor of the subcontractor. Subcontract 11
KS Residential Subcontract II Light bias in favor of the contractor. Subcontract 18
KS Tenant Improvement Neutral. Prime 12
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