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

K.S.A. § 16-1801 (2026)

Title; rights and duties not waivable or varied under terms of contract

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 2010–2025 · leading case: Lindsey Masonry Co. v. Murray & Sons Constr. Co., 390 P.3d 56 (Kan. Ct. App. 2017).
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Lindsey Masonry Co. v. Murray & Sons Constr. Co., 390 P.3d 56 (Kan. Ct. App. 2017). · cites it 2× “(not to be confused with the Kansas Fairness in Private Construction Contract Act found at K.S.A. 16-1801 et seq.) New Highlands On the New Highlands project, the district court found that the parties agreed to a revised total compensation of $1,014,358.”
Bowen Eng'g, Corp. v. Pac. Indem. Co., 83 F. Supp. 3d 1185 (D. Kan. 2015). · cites it 2× “Finally, the plaintiff contends that Kansas is the proper venue for the action, since it is seeking to pursue a mechanics lien against the real estate in Kansas under the Kansas Fairness in Private Construction Act (KFPCA), K.S.A. 16-1801 et seq. The court finds that the…”
Herr Indus., Inc. v. CTI Sys., 112 F. Supp. 3d 1174 (D. Kan. 2015). · cites it 2× “Plaintiff asserts a claim against CTI under the Kansas Fairness in Private Construction Contract Act (the KFPCCA or “the Act”), K.S.A. § 16-1801 et seq., by which it seeks interest and attorney fees.”
Midwest Asphalt Coating, Inc. v. Chelsea Plaza Homes, Inc., 243 P.3d 1106 (Kan. Ct. App. 2010). · cites it 2× “(Chelsea Plaza), in quantum meruit, or under the Kansas Fairness in Private Construction Contract Act (FPCCA), K.S.A. 16-1801 et seq. Facts In August 2007, Chelsea Plaza took bids for repairs to a parking lot.”
Louisville Metro. Sewer v. T+C Contracting, 570 S.W.3d 551 (Mo. Ct. App. 2018). “However, a law review article dispelled this notion: "A new law titled the Kansas Fairness in Private Construction Contract Act came into effect on July 1, 2005.”
W & W Steel, LLC v. BSC Steel, Inc., 944 F. Supp. 2d 1066 (D. Kan. 2013). “Count XI In Count XI, BSC asserts claims against W & W, MMI and Liberty Mutual under the Kansas Fairness in Private Construction Act (KFPCA), K.S.A. 16-1801 et seq., for monies BSC contends it is owed on the Ft.”
Neighbors Constr. Co. v. Woodland Park at Soldier Creek, LLC, 284 P.3d 1057 (Kan. Ct. App. 2012). “Woodland Park next argues that the award of attorney fees and interest was improper here because the arbitrator applied the Kansas Fairness in Private Construction Contract Act, K.S.A. 16-1801 et seq., instead of the Kansas Fairness in Public Construction Contract Act, K.”
Monarch Build v. DLH Holdings, 567 P.3d 831 (Kan. Ct. App. 2025). “To recover attorney fees under the Kansas Fairness in Private Construction Contract Act, K.S.A. 16-1801 et seq., K.S.A. 16-1806 requires that the party seeking attorney fees show that the action was brought specifically to enforce the provisions of K.”
Wheatland Contracting v. Jaco Gen. Contractor, Inc. (Kan. Ct. App. 2019). · cites it 8× “Parties to any construction contract covered by the Act cannot agree to a different venue.”
K.R.W. Constr., Inc. v. Stronghold Eng'g, Inc. (D. Kan. 2022). · cites it 6× “For the reasons stated in more detail 1 K.S.A § 16-1801 et. seq. 2 Plaintiff also filed an unopposed Motion for Leave to Supplement Record and Offer Additional Evidence (Doc.”
Drywall Sys., Inc. v. A. Arnold of Kansas City (Kan. Ct. App. 2019). “Arnold was not an "owner" as defined by the Kansas Fairness in Private 2 Construction Contract Act, K.S.A. 16-1801 et seq., it denied Drywall's request.”
Drywall Sys., Inc. v. A. Arnold of Kansas City (Kan. Ct. App. 2019). “Arnold was not an "owner" as defined by the Kansas Fairness in Private 2 Construction Contract Act, K.S.A. 16-1801 et seq., it denied Drywall's request.”
Show all 14 citing cases →
— K.S.A. § 16-1801(b) — 3 cases
Bowen Eng'g, Corp. v. Pac. Indem. Co., 83 F. Supp. 3d 1185 (D. Kan. 2015). “Finally, the plaintiff contends that Kansas is the proper venue for the action, since it is seeking to pursue a mechanics lien against the real estate in Kansas under the Kansas Fairness in Private Construction Act (KFPCA), K.S.A. 16-1801 et seq. The court finds that the…”
K.R.W. Constr., Inc. v. Stronghold Eng'g, Inc. (D. Kan. 2022). “For the reasons stated in more detail 1 K.S.A § 16-1801 et. seq. 2 Plaintiff also filed an unopposed Motion for Leave to Supplement Record and Offer Additional Evidence (Doc.”
Wheatland Contracting v. Jaco Gen. Contractor, Inc. (Kan. Ct. App. 2019). “Parties to any construction contract covered by the Act cannot agree to a different venue.”
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