K.S.A. » Chapter 16
Kansas Statutes Annotated

K.S.A. § 16-1305 (2026)

Civil action; liabilities; costs

✓ current as of May 2026
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16-1305. Civil action; liabilities; costs. In the event that any supplier, after such supplier or the retailer terminates, cancels, fails to renew, or in fact substantially discontinues such contract, fails or refuses to make payment to such retailer as required by the provisions of K.S.A. 16-1303, and amendments thereto, such supplier shall be liable in a civil action to the retailer for the actual costs of the action, including attorney, paralegal and expert witness fees; for interest as provided in K.S.A. 16-1303, and amendments thereto; for 100% of the net cost of such machinery, plus transportation charges which have been paid by the retailer; and for 100% of the current net price of the repair parts, plus 5% for handling, packing and loading plus freight charges which have been paid by the retailer. In any such action, it shall be the burden of the supplier to establish that the terms of K.S.A. 16-1304, and amendments thereto, may apply to except any particular item of outdoor power equipment from the terms of K.S.A. 16-1303, and amendments thereto.

History: L. 1991, ch. 67, § 5; L. 2000, ch. 84, § 4; July 1.

CASE ANNOTATIONS

1. Mentioned in holding that K.S.A. 44-510 does not permit award of expert witness fees. Higgins v. Abilene Machine, Inc., 38 Kan. App. 2d 735, 738, 172 P.3d 71 (2007).

2. K.S.A. 44-510k does not permit the award of expert witness fees in pursuit of post-award medical benefits. Higgins v. Abilene Machine, Inc., 288 Kan. 359, 204 P.3d 1156 (2009).


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Notes of Decisions
Cited in 5 cases, 1998–2017 · leading case: Higgins v. Abilene Mach., Inc., 204 P.3d 1156 (Kan. 2009).
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Higgins v. Abilene Mach., Inc., 204 P.3d 1156 (Kan. 2009). · cites it 4× “44-510k(c) differs from other Kansas statutes because it does not provide a specific list of costs. He read the statute's use of the phrase, "`costs' include, but are not limited to," to imply that an ALJ may, in his or her discretion, award expert witness fees.”
Johnson v. Westhoff Sand Co., 135 P.3d 1127 (Kan. 2006). “, K.S.A. 16-1305 (specifically authorizing the “actual costs of the action, including attorney, paralegal, and expert witness fees.”
Legislative Coordinating Council v. Stanley, 957 P.2d 379 (Kan. 1998). “16-1305 (stating that in action for violation of lawn and garden dealership agreement, the supplier will be liable to the retailer for “the actual costs of the action, including attorney, paralegal and expert witness fees”); K.”
Higgins v. Abilene Mach., Inc., 172 P.3d 1201 (Kan. Ct. App. 2007). · cites it 2× “, K.S.A.2006 Supp. 16-1305 (specifically authorizing the "actual costs of the action, including attorney, paralegal, and expert witness fees "); K.”
All. Indem. Co. v. Kerns – McAnany (Kan. Ct. App. 2017). “, K.S.A. 16-1305 (in an action for violating a lawn and garden dealership agreement, the supplier will be liable to the retailer for "the actual costs of the action, including attorney, paralegal and expert witness fees"); K.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.