In part one of this two-part series, a Wichita contractor lawyer from Cotney Construction Law covered various aspects of the Kansas Construction Defects Act. This important piece of Kansas legislation establishes rules for handling construction defects. For residential contractors in Kansas, compliance with this law could mean the difference between success and failure.
To ensure that your company is always up-to-date on the latest laws and maintaining compliance year round, consult our Wichita contractor attorneys. With years upon years of experience fighting on behalf of the industry, Cotney Construction Law is the team you want on your side when a dispute arises. We are proud to serve contractors in Kansas and all across the United States.
Reacting to an Accepted Remedy
When a claimant accepts your offer to remedy a defect, they must follow the rules established in the Kansas Construction Defects Act to do so. This means they must serve a written notice of acceptance within thirty days after receiving receipt of your offer. If you offered to repair a defect, the claimant is responsible for providing you with access to the home during normal working hours. This must align with the timetable you included in your offer to remedy the defect. If the claimant is unable to facilitate access to the home during reasonable hours, their ability to procure a remedy for the defect may be limited. If you can rightfully assert that the claimant did not act in compliance with the Kansas Construction Defects Act, you may be able to avoid remedying the defect. For more information on this, consult a Wichita contractor lawyer.
Limits of the Kansas Construction Defects Act
Some examples of topics that are not addressed in the Kansas Construction Defects Act include:
- Defective remedial work
- Payment of attorney’s fees in cases where legal costs exceed the cost of the remedy
When one of these issues arises, your best bet is to partner with a Wichita contractor lawyer. Don’t let a lack of legal knowledge undermine your business. Leave the legal legwork to the experienced Wichita contractor attorneys at Cotney Construction Law.
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.