The Kansas Construction Defects Act was signed in 2003 by Governor Kathleen Sebelius. It established new laws regarding the construction of single family houses, duplexes, or multi-family units governed by an association. Manufactured homes were not affected. In this two-part article, a Wichita construction lawyer will discuss everything contractors should know about the Kansas Construction Defects Act.
For all of your construction-related legal needs, including Occupational Safety and Health Administration (OSHA) defense, contract review and drafting, employment law, dispute resolution, license defense, bond law, lien law, bid protests, and trademark applications, consult a Wichita construction attorney from Cotney Construction Law.
Handling the Initial Notice
Owners who wish to take legal action against a contractor following the construction of a home are required to serve you an initial notice of claim. This claim must assert that you provided defective work or violated the contract. Once you receive this notice, you have fifteen days to serve a copy to each of your subcontractors. The subcontractors are then responsible for furnishing a written response within thirty days. This response should include one of the following:
- A proposal for an inspection
- An offer to fix the defect at no charge by a certain date
- An offer to settle the claim through monetary compensation
- A notice stating that the claim is being rejected
Refusing the Claim
As a contractor, if you fail to respond to a claimant’s defect claim or outright refuse to service the claim without a reason for rejection, the claimant will have the ability to bring a lawsuit against you. If you receive a defect claim, consult a Wichita construction lawyer for assistance with reviewing the claim and formulating the correct response. If you offer to inspect the defect, you will be afforded thirty days from the date of inspection to offer a remedy, settlement, or rejection. If you refuse to offer a remedy of any type, the claimant can bring legal action against you without furnishing a notice of their intent to do so.
In part two, we’ll discuss what happens when you offer to remedy a defect and the claimant accepts.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.