reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 14 - Lawn And Garden Equipment Dealership Agreements › 16-1408 Remedies.Remedies.

16-1408.
Remedies.
If any supplier violates any provisions of K.S.A. 16-1406 or 16-1407, a retailer may bring an action in any court of competent jurisdiction for damages sustained by the retailer as a consequence of the supplier's violation. The court may also award court costs and reasonable attorney fees to the prevailing party. The remedies set forth in this section shall not be deemed exclusive and shall be in addition to any other remedies permitted by law including proceedings under the Kansas consumer protection act.
History:
L. 1992, ch. 40, § 8; April 16.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 14 - Lawn And Garden Equipment Dealership Agreements › 16-1409 Effect of act upon contracts.

16-1409.
Effect of act upon contracts.
Except for the provisions of subsection (b) of K.S.A. 16-1407, the provisions of this act shall apply to all continuing and nonrenewable contracts, and all other contracts entered into, renewed, amended, assigned or transferred by a supplier to a transferee on or after July 1, 1992, and shall apply only to lawn and garden equipment and repair parts purchased after the effective date of this act. The provisions of subsection (b) of K.S.A. 16-1407 shall apply only to those contracts executed after July 1, 1998. Any contract in force and effect on July 1, 1992, or with respect to subsection (b) of K.S.A. 16-1407, on July 1, 1998, which by its own terms will terminate on a date certain subsequent thereto shall be governed by the law as it existed prior to this act unless renewed, amended, assigned or transferred as described above.
History:
L. 1992, ch. 40, § 9; L. 1998, ch. 79, § 5; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 14 - Lawn And Garden Equipment Dealership Agreements › 16-1410 Remedies not exclusive.

16-1410.
Remedies not exclusive.
The provisions of this act shall be supplemental to any agreement between the retailer and the supplier. The retailer may elect to pursue either the contract remedy, the remedy provided herein, or any other remedies permitted by law, and an election by the retailer to pursue such retailer contract or other remedies shall not bar such retailer's right to any remedy provided herein as to the lawn and garden equipment and repair parts not affected by the contract or other remedies.
History:
L. 1992, ch. 40, § 10; April 16.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 14 - Lawn And Garden Equipment Dealership Agreements › 16-1411 Severability.

16-1411.
Severability.
If any section of this act, or any part of any section thereof, or the application of such provision to any person or circumstance shall be declared invalid or unconstitutional, such declaration of invalidity shall not affect the remaining portions thereof and the application of such provision to other persons or circumstances.
History:
L. 1992, ch. 40, § 11; April 16.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 15 - Swine Contracts And Marketing Pools › 16-1501 Definitions; implied promise of good faith.

16-1501.
Definitions; implied promise of good faith.
(a) For the purposes of K.S.A. 16-1501 through 16-1506, and amendments thereto, the term "contractor" means any corporation, trust, limited liability company, or limited partnership or corporate partnership other than a family farm corporation, authorized farm corporation, limited liability agricultural company, limited agricultural partnership, family trust, authorized trust or testamentary trust, as defined in K.S.A. 17-5903, and amendments thereto, which established a swine production facility in this state or which contracts with a producer to grow or raise hogs in this state and in either case which in the ordinary course of business buys hogs in this state.
(b) For the purposes of K.S.A. 16-1501 through 16-1506, and amendments thereto, the term producer means any individual, family farm corporation, authorized farm corporation, limited liability, agricultural company, limited agricultural partnership, family trust, authorized trust or testamentary trust, as defined in K.S.A. 17-5903, and amendments thereto, which raises hogs in this state or provides the service of raising hogs in this state and which is able to transfer title in such hogs to another or who provides management, feed, labor, facilities, machinery or other production input for raising hogs in this state.
(c) For the purposes of this section production input includes, but is not limited to, management, labor, facilities, machinery or feed used in the raising of hogs in this state.
(d) If the contractor is the subsidiary of another corporation, partnership, or a member of another association or other business entity, the parent corporation, partnership, association or other business entity is liable to a producer for the amount of any unpaid claim or contract performance claim if the contractor fails to pay or perform according to the terms of the contract.
(e) There is an implied promise of good faith as defined in K.S.A. 2023 Supp. 84-1-201(b)(20), and amendments thereto, by all parties in all contracts between contractors and producers. In an action to recover damages, if the court finds that there has been a violation of this provision, damages, court costs, and attorney fees may be recovered.
(f) Each contractor shall require in its contract that the producer comply with any applicable state and federal environmental laws and shall provide to the producer, upon request, information regarding compliance with such laws.
History:
L. 1994, ch. 130, § 8; L. 2007, ch. 89, § 25; July 1, 2008.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 15 - Swine Contracts And Marketing Pools › 16-1502 Contract termination or cancellation; notification, time periods.

16-1502.
Contract termination or cancellation; notification, time periods.
(a) Except as provided in subsection (b), if a producer fails to comply with the provisions of a contract that requires a capital investment in excess of $100,000 or more and has a useful life of five years or more, a contractor may not terminate or cancel that contract until:
(1) The contractor has given written notice with all the reasons for the termination or cancellation at least 90 days before termination or cancellation or as provided in subsection (b); and
(2) the producer who receives the notice fails to correct the reasons stated for termination or cancellation in the notice within 60 days of receipt of the notice.
(b) The 90-day notice period and 60-day notice period under subsection (a)(1) and (2) are waived and the contract may be terminated or canceled immediately if the alleged grounds for termination or cancellation are:
(1) Voluntary abandonment of the contract relationship by the producer;
(2) conviction of the producer of an offense directly related to the business contracted under the contract;
(3) material breach of the contract by the producer;
(4) a failure to care for the swine in accordance with good animal husbandry practices;
(5) the bankruptcy or insolvency of the producer; or
(6) an acceleration of any indebtedness secured by the property on which the swine are being raised.
History:
L. 1994, ch. 130, § 9; April 14.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 15 - Swine Contracts And Marketing Pools › 16-1503 Swine marketing pools; creation, authorized acts.

16-1503.
Swine marketing pools; creation, authorized acts.
(a) For the benefit of orderly marketing of swine in Kansas and to facilitate the capture of markets by swine producers and to improve the quality of the state's swine herd, registered swine marketing pools may be created. To qualify for participation under this act a swine marketing pool created pursuant to this act must register with the secretary of agriculture. The secretary of agriculture will facilitate creation of swine marketing pools and information sharing to foster contract agreements between swine marketing pools and purchasers of hogs for slaughter. Such registration for any swine marketing pool may be revoked by the secretary of agriculture for failure to properly carry out its functions pursuant to subsection (b) subsequent to a hearing pursuant to the provisions of the Kansas administrative procedure act.
(b) Swine marketing pools are hereby authorized to do the following on behalf of their members:
(1) Assume debt;
(2) enter and negotiate contracts for the sale and delivery of hogs;
(3) own assets;
(4) sue and be sued;
(5) assist members to upgrade the quality of hogs marketed by the pool;
(6) negotiate in good faith for timely completion and quality assurance of swine marketing contracts; and
(7) perform any other activities to achieve the goals and objectives of the swine marketing pool.
History:
L. 1994, ch. 130, § 10; L. 2004, ch. 101, § 65; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 15 - Swine Contracts And Marketing Pools › 16-1504 Contractor requirements for establishing a swine production facility.

16-1504.
Contractor requirements for establishing a swine production facility.
(a) Any contractor who establishes a swine production facility in this state or who contracts for the production or raising of hogs in this state shall:
(1) Provide fair and open access to all registered swine marketing pools and actively negotiate in good faith with all registered swine marketing pools who desire to market hogs to that contractor;
(2) provide to all registered swine marketing pools on a regular basis descriptive data concerning carcass efficiency value;
(3) pay a fair price; and
(4) make all payments promptly pursuant to the requirements of applicable federal and state law.
(b) For the purposes of this section, the terms contractor and producer shall have the meaning ascribed to them in K.S.A. 16-1501.
(c) Nothing in this section shall prohibit any contractor from purchasing hogs from any other business entity or from refusing to purchase and/or discounting hogs which do not meet the contractor's quality specifications or delivery terms.
(d) Nothing in this section shall prevent a marketing pool from selling hogs to any other business entity.
History:
L. 1994, ch. 130, § 11; April 14.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 15 - Swine Contracts And Marketing Pools › 16-1505 Contract language required concerning mediation or arbitration.

16-1505.
Contract language required concerning mediation or arbitration.
Any swine purchasing contract, swine marketing contract or swine production contract between a contractor and a swine production facility owner or swine marketing pool or swine producer shall contain language providing for resolution of contract disputes by either mediation or arbitration. If there is a contract dispute the parties may submit the disputed issue to an arbitrator or mediator selected by the parties pursuant to the contract provisions. All arbitration proceedings held pursuant to this act shall follow the procedures set forth in K.S.A. 5-201 et seq., and amendments thereto. If the parties cannot agree upon a mediator or arbitrator, either party may make a written request to the secretary of agriculture for mediation or arbitration services to facilitate resolution of the dispute.
History:
L. 1994, ch. 130, § 12; L. 2004, ch. 101, § 66; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 15 - Swine Contracts And Marketing Pools › 16-1506 Secretary of agriculture promulgates rules and regulations.

16-1506.
Secretary of agriculture promulgates rules and regulations.
The secretary of agriculture may promulgate rules and regulations to implement the provisions of K.S.A. 16-1501 through 16-1505.
History:
L. 1994, ch. 130, § 13; April 14.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 16 - Electronic Transactions › 16-1603 Scope.

16-1603.
Scope.
(a) Except as otherwise provided in subsection (b), this act applies to electronic records and electronic signatures relating to a transaction.
(b) This act does not apply to a transaction to the extent it is governed by:
(1) A law governing the creation and execution of wills, codicils or testamentary trusts; and
(2) the uniform commercial code, other than K.S.A. 2023 Supp. 84-1-306 and articles 2 and 2a of chapter 84 of the Kansas Statutes Annotated, and amendments thereto.
(c) This act applies to an electronic record or electronic signature otherwise excluded from the application of this act under subsection (b) to the extent it is governed by a law other than those specified in subsection (b).
(d) A transaction subject to this act is also subject to other applicable substantive law.
History:
L. 2000, ch. 120, § 3; L. 2007, ch. 89, § 26; July 1, 2008.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 16 - Electronic Transactions › 16-1604 Prospective application.

16-1604.
Prospective application.
This act applies to any electronic record or electronic signature created, generated, sent, communicated, received or stored on or after the effective date of this act.
History:
L. 2000, ch. 120, § 4; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 16 - Electronic Transactions › 16-1605 Use of electronic records and electronic signatures; state agency written standards governing use of electronic signatures; rules and regulations governing use of digital signatures by state agencies.

16-1605.
Use of electronic records and electronic signatures; state agency written standards governing use of electronic signatures; rules and regulations governing use of digital signatures by state agencies.
(a) This act does not require a record or signature to be created, generated, sent, communicated, received, stored or otherwise processed or used by electronic means or in electronic form.
(b) This act applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
(c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
(d) Except as otherwise provided in this act, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this act of the words "unless otherwise agreed", or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
(e) Whether an electronic record or electronic signature has legal consequences is determined by this act and other applicable law.
(f) The uniform electronic transactions act does not require any person to use electronic signatures.
(g) Any state agency that offers or provides the option of using an electronic signature to persons doing business with that state agency shall establish written standards governing the use of those electronic signatures as follows:
(1) On or before December 31, 2002, for electronic signature applications that are in use by the state agency before July 1, 2002; or
(2) before offering or providing the option of using an electronic signature for any applications implemented on or after July 1, 2002.
(h) The uniform electronic transactions act does not require any person to use or permit the use of digital signatures.
(i) The secretary of state shall adopt rules and regulations governing the use of digital signatures by state agencies. Each state agency offering or providing the option of using a digital signature to persons doing business with that state agency shall implement digital signatures in a manner consistent with the regulations of the secretary of state, except that the state agency may adopt rules and regulations governing that agency's use of digital signatures that exceed the minimum standards established by the rules and regulations of the secretary of state.
History:
L. 2000, ch. 120, § 5; L. 2002, ch. 183, § 4; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 16 - Electronic Transactions › 16-1606 Construction and application.

16-1606.
Construction and application.
This act must be construed and applied:
(a) To facilitate electronic transactions consistent with other applicable law;
(b) to be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and
(c) to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.
History:
L. 2000, ch. 120, § 6; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 16 - Electronic Transactions › 16-1607 Legal recognition of electronic records, electronic signatures and electronic contracts.

16-1607.
Legal recognition of electronic records, electronic signatures and electronic contracts.
(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
(c) If a law requires a record to be in writing, an electronic record satisfies the law.
(d) If a law requires a signature, an electronic signature satisfies the law.
History:
L. 2000, ch. 120, § 7; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 16 - Electronic Transactions › 16-1608 Provision of information in writing; presentation of records.

16-1608.
Provision of information in writing; presentation of records.
(a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send or deliver information in writing to another person, the requirements is satisfied if the information is provided, sent or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.
(b) If a law other than this act requires a record (1) to be posted or displayed in a certain manner, (2) to be sent, communicated or transmitted by a specified method, or (3) to contain information that is formatted in a certain manner, the following rules apply:
(A) The record must be posted or displayed in the manner specified in the other law.
(B) Except as otherwise provided in subsection (d)(2), the record must be sent, communicated or transmitted by the method specified in the other law.
(C) The record must contain the information formatted in the manner specified in the other law.
(c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
(d) The requirements of this section may not be varied by agreement, but:
(1) To the extent a law other than this act requires information to be provided, sent or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) that the information be in the form of an electronic record capable of retention also may be varied by agreement; and
(2) a requirement under a law other than this act to send, communicate or transmit a record by first-class mail, may be varied by agreement to the extent permitted by the other law.
History:
L. 2000, ch. 120, § 8; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 16 - Electronic Transactions › 16-1609 Attribution and effect of electronic records and electronic signatures.

16-1609.
Attribution and effect of electronic records and electronic signatures.
(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
(b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) is determined from the context and surrounding circumstances at the time of its creation, execution or adoption, including the parties' agreement, if any, and otherwise as provided by law.
History:
L. 2000, ch. 120, § 9; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 16 - Electronic Transactions › 16-1610 Effect of change or error.

16-1610.
Effect of change or error.
If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:
(a) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.
(b) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:
(1) Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;
(2) takes reasonable steps, including steps that conform to the other person's reasonable instruction, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and
(3) has not used or received any benefit or value from the consideration, if any, received from the other person.
(c) If neither paragraph (a) nor paragraph (b) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any.
(d) Subsections (b) and (c) may not be varied by agreement.
History:
L. 2000, ch. 120, § 10; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 16 - Electronic Transactions › 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 or logically associated with the signature or record.
History:
L. 2000, ch. 120, § 11; L. 2004, ch. 126, § 2; L. 2021, ch. 64, § 32; January 1, 2022.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 16 - Electronic Transactions › 16-1612 Retention of electronic records; originals.

16-1612.
Retention of electronic records; originals.
(a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which:
(1) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and
(2) remains accessible for later reference.
(b) A requirement to retain a record in accordance with subsection (a) does not apply to any information the sole purpose of which is to enable the record to be sent, communicated or received.
(c) A person may satisfy subsection (a) by using the services of another person if the requirements of that subsection are satisfied.
(d) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (a).
(e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (a).
(f) A record retained as an electronic record in accordance with subsection (a) satisfies a law requiring a person to retain a record for evidentiary, audit or like purposes, unless a law enacted after the effective date of this act specifically prohibits the use of an electronic record for the specified purpose.
(g) This section does not preclude a governmental agency of this state from specifying additional requirements for the retention of a record subject to the agency's jurisdiction.
History:
L. 2000, ch. 120, § 12; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 16 - Electronic Transactions › 16-1613 Admissibility in evidence.

16-1613.
Admissibility in evidence.
In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
History:
L. 2000, ch. 120, § 13; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 16 - Electronic Transactions › 16-1614 Automated transactions.

16-1614.
Automated transactions.
In an automated transaction, the following rules apply:
(a) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements.
(b) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.
(c) The terms of the contract are determined by the substantive law applicable to it.
History:
L. 2000, ch. 120, § 14; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 16 - Electronic Transactions › 16-1615 Time and place of sending and receipt.

16-1615.
Time and place of sending and receipt.
(a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:
(1) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;
(2) is in a form capable of being processed by that system; and
(3) enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.
(b) Unless otherwise agreed between a sender and the recipient, an electronic record is received when:
(1) It enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and
(2) it is in a form capable of being processed by that system.
(c) Subsection (b) applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subsection (d).
(d) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this subsection, the following rules apply:
(1) If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction.
(2) If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be.
(e) An electronic record is received under subsection (b) even if no individual is aware of its receipt.
(f) Receipt of an electronic acknowledgment from an information processing system described in subsection (b) establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.
(g) If a person is aware that an electronic record purportedly sent under subsection (a), or purportedly received under subsection (b), was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement.
History:
L. 2000, ch. 120, § 15; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 16 - Electronic Transactions › 16-1617 Registered certification authorities.

16-1617.
Registered certification authorities.
(a) Any person, before entering upon the duties of a registered certification authority, shall:
(1) Register with the secretary on forms approved and provided by the secretary;
(2) pay to the secretary an annual filing fee of $1,000;
(3) file with the secretary a good and sufficient surety bond, certificate of insurance or other evidence of financial security in the amount of $100,000; and
(4) be approved by the secretary as meeting the requirements of any rules and regulations adopted by the secretary, as the secretary determines appropriate, to ensure the person's financial responsibility and condition, character, qualifications and fitness to be a registered certification authority.
(b) A registered certification authority shall create, maintain and preserve all records that are necessary to demonstrate compliance with rules and regulations adopted by the secretary.
(c) If any person who is approved and registered with the secretary as a registered certification authority fails to maintain any of the qualifications listed in subsection (a) and (b) or otherwise required by rules and regulations of the secretary, the person's registration shall be deemed lapsed.
(d) Any person who violates or fails to comply with this section and any provision related to registered certification authority and the rules and regulations of the secretary promulgated pursuant to K.S.A. 16-1618, and amendments thereto, upon notice and hearing, shall be subject to a civil penalty not to exceed $10,000 per failure or violation.
History:
L. 2000, ch. 120, § 17; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 16 - Electronic Transactions › 16-1618 Rules and regulations.

16-1618.
Rules and regulations.
The secretary may adopt rules and regulations to implement the provisions of K.S.A. 16-1617 and 16-1619, and amendments thereto, and related provisions thereto.
History:
L. 2000, ch. 120, § 18; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 16 - Electronic Transactions › 16-1619 Reciprocity with other jurisdictions.

16-1619.
Reciprocity with other jurisdictions.
The secretary shall have the authority to establish reciprocity with other states and nations for purposes of K.S.A. 16-1617 and 16-1618, and amendments thereto, and related provisions thereto.
History:
L. 2000, ch. 120, § 19; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 16 - Electronic Transactions › 16-1620 Severability.

16-1620.
Severability.
If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History:
L. 2000, ch. 120, § 20; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 18 - Kansas Fairness In Private Construction Contract Act › 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 of a contract. The terms of any contract waiving the rights and duties prescribed by this act shall be unenforceable.
History:
L. 2005, ch. 156, § 1; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 18 - Kansas Fairness In Private Construction Contract Act › 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 furnishing labor, equipment, material or supplies used or consumed for the design, construction, alteration, renovation, repair or maintenance of a building, structure, road, bridge, water line, sewer line, oil line, gas line, appurtenance or other improvement to real property, including any moving, demolition or excavation.
(c) "Contract" means a contract or agreement concerning construction made and entered into by and between an owner and a contractor, a contractor and a subcontractor or a subcontractor and another subcontractor.
(d) "Contractor" means a person performing construction and having a contract with an owner of the real property or with a trustee, agent or spouse of an owner.
(e) "Owner" means a person who holds an ownership interest in real property.
(f) "Person" means an individual, corporation, estate, trust, partnership, limited liability company, association, joint venture or any other legal entity.
(g) "Retainage" or "retention" means money earned by a contractor or subcontractor but withheld to ensure proper performance by the contractor or subcontractor.
(h) "Subcontractor" means any person performing construction covered by a contract between an owner and a contractor but not having a contract with the owner.
(i) "Substantial completion" means the stage of a construction project where the project, or a designated portion thereof, is sufficiently complete in accordance with the contract, so that portion thereof can be used for its intended purpose.
History:
L. 2005, ch. 156, § 2; L. 2010, ch. 128, § 1; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 18 - Kansas Fairness In Private Construction Contract Act › 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 subcontractor, written notice to the contractor, shall, without prejudice to any other available remedy, be entitled to suspend further performance until payment, including applicable interest, is made. The contract time for each contract affected by the suspension shall be extended appropriately and the contract sum for each affected contract shall be increased by the suspending party's reasonable costs of demobilization, delay and remobilization.
History:
L. 2005, ch. 156, § 5; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 18 - Kansas Fairness In Private Construction Contract Act › 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. The hearing in such an arbitration shall be held in the county where the real property is located.
History:
L. 2005, ch. 156, § 6; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 18 - Kansas Fairness In Private Construction Contract Act › 16-1807 Scope.

16-1807.
Scope.
The provisions of this act shall not apply to single family residential housing and multifamily residential housing of four units or less. The provisions of this act shall not apply to public works projects. The provisions of this act shall not apply to contracts entered into prior to the effective date of this act.
History:
L. 2005, ch. 156, § 7; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 19 - Kansas Fairness In Public Construction Contract Act › 16-1901 Title; rights and duties not waivable or varied under terms of contract.

16-1901.
Title; rights and duties not waivable or varied under terms of contract.
(a) K.S.A. 16-1901 through 16-1908, and amendments thereto, shall be known and may be cited as the Kansas fairness in public construction contract act.
(b) The rights and duties prescribed by this act shall not be waivable or varied under the terms of a contract. The terms of any contract waiving the rights and duties prescribed by this act shall be unenforceable.
History:
L. 2007, ch. 163, § 1; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 19 - Kansas Fairness In Public Construction Contract Act › 16-1902 Definitions.

16-1902.
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 furnishing labor, equipment, material or supplies used or consumed for the design, construction, alteration, renovation, repair or maintenance of a building, water or waste water treatment facility, oil line, gas line, appurtenance or other improvement to real property, including any moving, demolition or excavation of a building. "Construction" shall not mean the design, construction, alteration, renovation, repair or maintenance of a road, highway or bridge.
(c) "Contract" means a contract or agreement concerning construction made and entered into by and between an owner and a contractor, a contractor and a subcontractor or a subcontractor and another subcontractor.
(d) "Contractor" means a person performing construction and having a contract with an owner of the real property or with a trustee or agent of an owner.
(e) "Owner" means a public entity that holds an ownership interest in real property.
(f) "Public entity" means the state of Kansas, political subdivisions, cities, counties, state universities or colleges, school districts, all special districts, joint agreement entities, public authorities, public trusts, nonprofit corporations and other organizations which are operated with public money for the public good.
(g) "Retainage" or "retention" means money earned by a contractor or subcontractor but withheld to ensure timely performance by the contractor or subcontractor.
(h) "Subcontractor" means any person performing construction covered by a contract between an owner and a contractor but not having a contract with the owner.
(i) "Substantial completion" means the stage of a construction project where the project, or a designated portion thereof, is sufficiently complete in accordance with the contract, so that the owner can occupy or utilize the constructed project for its intended use.
(j) "Undisputed payment" means payments which all parties to the contract agree are owed to the contractor.
History:
L. 2007, ch. 163, § 2; L. 2010, ch. 128, § 3; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 19 - Kansas Fairness In Public Construction Contract Act › 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 subcontractor, written notice to the contractor, shall, without prejudice to any other available remedy, be entitled to suspend further performance until payment, including applicable interest, is made. The contract time for each contract affected by the suspension shall be extended appropriately and the contract sum for each affected contract shall be increased by the suspending party's reasonable costs of demobilization, delay and remobilization.
History:
L. 2007, ch. 163, § 5; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 19 - Kansas Fairness In Public Construction Contract Act › 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 in the county where the real property is located and under Kansas law. The hearing in such an arbitration shall be held in the county where the real property is located.
History:
L. 2007, ch. 163, § 6; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 19 - Kansas Fairness In Public Construction Contract Act › 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 a contract between parties where a contract did not otherwise exist.
History:
L. 2007, ch. 163, § 7; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 19 - Kansas Fairness In Public Construction Contract Act › 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.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 19 - Kansas Fairness In Public Construction Contract Act › 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 become binding upon the award of the contract by the owner or owner's agent to the contractor:
(1) If a performance bond is not otherwise required pursuant to state law, a performance bond in an amount equal to the full contract amount conditioned upon the faithful performance of the contract in accordance with plans, specifications and conditions thereof, made solely for the protection of the owner awarding the contract; and
(2) a payment bond in an amount equal to the full contract amount solely for the protection of claimants supplying labor or materials to the contractor or subcontractors in the performance of the work.
(b) Each bond shall include a provision allowing the prevailing party in any action on the bond to recover as a part of the judgment reasonable attorney fees and expenses as determined by the court.
(c) For purposes of this section:
(1) "Public-private agreement" means an agreement for public construction involving a nontraditional arrangement between the owner and one or more private entities, including a contractor, that provides for acceptance by the owner of a private contribution to the public construction project in exchange for a public benefit concerning such public construction project other than only a money payment;
(2) "private contribution" means the supply by a private entity of resources to accomplish all or any part of the work to be performed under a public-private agreement, including, but not limited to, funds, financing, supplies, materials or engineering or construction services; and
(3) "public benefit" means a grant by the owner of a right or interest in or concerning the construction project and may include receipts or revenue arising out of, or in connection with, the grant of a right or interest in the construction project.
(d) This section shall be a part of and supplemental to the Kansas fairness in public construction contract act.
History:
L. 2017, ch. 29, § 1; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 20 - Competitive Bid Protection Act › 16-2001 Competitive bid protection act; citation of act.

16-2001. Competitive bid protection act; citation of act.
K.S.A. 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.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 20 - Competitive Bid Protection Act › 16-2002 Purpose.

16-2002. Purpose.
The purposes of the competitive bid protection act are to:
(a) Provide for the efficient procurement of goods and services by governmental entities;
(b) promote the economical, nondiscriminatory and efficient administration and completion of state and state-funded or state-assisted construction projects by governmental entities;
(c) provide for fair and open competition for construction contracts, awarded by governmental entities;
(d) prohibit requirements for certain terms in construction contracts awarded by governmental entities;
(e) prohibit the expenditure of public funds under certain conditions;
(f) prohibit certain terms in procurement documents by governmental entities for public facilities; and
(g) provide powers and duties for certain public officers, employees and contractors.
History:
L. 2012, ch. 153, § 2; July 1.