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

K.S.A. § 16-1803 (2026)

Private construction contracts; payment provisions; provisions against public policy, void, unenforceable; failure to pay

✓ current as of May 2026
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16-1803. Private construction contracts; payment provisions; provisions against public policy, void, unenforceable; failure to pay. (a) Subject to the provisions of subsections (b), (c), (d), (e), (f), (g) and (h) and K.S.A. 16-1804 and 16-1805, and amendments thereto, all persons who enter into a contract for private construction after the effective date of this act, shall make all payments pursuant to the terms of the contract.

(b) The following provisions in a contract for private construction shall be against public policy and shall be void and unenforceable:

(1) A provision that purports to waive, release or extinguish the right to resolve disputes through litigation in court or substantive or procedural rights in connection with such litigation except that a contract may require binding arbitration as a substitute for litigation or require non-binding alternative dispute resolution as a prerequisite to litigation;

(2) a provision that purports to waive, release or extinguish rights provided by article 11 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto, except that a contract may require a contractor or subcontractor to provide a waiver or release of such rights as a condition for payment, but only to the extent of the amount of payment received; and

(3) a provision that purports to waive, release or extinguish rights of subrogation for losses or claims covered or paid by liability or workers compensation insurance except that a contract may require waiver of subrogation for losses or claims paid by a consolidated or wrap-up insurance program, owners and contractors protective liability insurance, or project management protective liability insurance, unless otherwise prohibited under subsection (b)(5) of K.S.A. 40-5403, and amendments thereto.

(c) Any provision in a contract for private construction providing that a payment from a contractor or subcontractor to a subcontractor is contingent or conditioned upon receipt of a payment from any other private party, including a private owner, is no defense to a claim to enforce a mechanic's lien or bond to secure payment of claims pursuant to the provisions of article 11 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto.

(d) All contracts for private construction shall provide that payment of amounts due a contractor from an owner, except retainage, shall be made within 30 days after the owner receives a timely, properly completed, undisputed request for payment.

(e) If the owner fails to pay a contractor within 30 days following receipt of a timely, properly completed, undisputed request for payment, the owner shall pay interest to the contractor beginning on the thirty-first day after receipt of the request for payment, computed at the rate of 18% per annum on the undisputed amount.

(f) A contractor shall pay its subcontractors any amounts due within seven business days of receipt of payment from the owner, including payment of retainage, if retainage is released by the owner, if the subcontractor has provided a timely, properly completed and undisputed request for payment to the contractor.

(g) If the contractor fails to pay a subcontractor within seven business days, the contractor shall pay interest to the subcontractor beginning on the eighth business day after receipt of payment by the contractor, computed at the rate of 18% per annum on the undisputed amount.

(h) The provisions of subsections (f) and (g) shall apply to all payments from subcontractors to their subcontractors.

History: L. 2005, ch. 156, § 3; L. 2009, ch. 136, § 6; July 1.

Notes of Decisions
Cited in 9 cases (4 in the last 5 years), 2012–2025 · leading case: Herr Indus., Inc. v. CTI Sys., 112 F. Supp. 3d 1174 (D. Kan. 2015).
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Herr Indus., Inc. v. CTI Sys., 112 F. Supp. 3d 1174 (D. Kan. 2015). · cites it 8× “In its claim under the Act, plaintiff-alleges that CTI failed to pay amounts due within 30 days and that it is therefore entitled to interest pursuant to K.S.A. § 16-1803. That statutory provision, however, provides for payment within 30 days and interest thereafter only -with…”
Monarch Build v. DLH Holdings, 567 P.3d 831 (Kan. Ct. App. 2025). · cites it 4× “16-1806 requires that the party seeking attorney fees show that the action was brought specifically to enforce the provisions of K.S.A. 16-1803, 16-1804, or 16-1805. Appeal from Wyandotte District Court; CONSTANCE M.”
Neighbors Constr. Co. v. Woodland Park at Soldier Creek, LLC, 284 P.3d 1057 (Kan. Ct. App. 2012). “16-1806, reads as follows: “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.”
Drywall Sys., Inc. v. A. Arnold of Kansas City (Kan. Ct. App. 2019). · cites it 12× “It states that "[i]n any action to enforce K.S.A. 16-1803, 16-1804, 16-1805 . . . the court .”
Drywall Sys., Inc. v. A. Arnold of Kansas City (Kan. Ct. App. 2019). · cites it 12× “It states that "[i]n any action to enforce K.S.A. 16-1803, 16-1804, 16-1805 . . . the court .”
Wheatland Contracting v. Jaco Gen. Contractor, Inc. (Kan. Ct. App. 2019). · cites it 11× “The heart of the Act is K.S.A. 16-1803, 16-1804, and 16-1805. A quick review of those provisions shows how broad this law is.”
K.R.W. Constr., Inc. v. Stronghold Eng'g, Inc. (D. Kan. 2022). · cites it 4× “§ 16-1801(b) which provides that “[t]he rights and duties prescribed by [the KFPCCA] 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.”
Wyldewood Cellars, Inc. v. Torro, LLC (D. Kan. 2023). · cites it 2× “2015) (enforcing the parties’ forum selection clause requiring plaintiff to bring its claims in Luxembourg despite plaintiff’s argument that the forum selection clause violated Kansas public policy favoring a Kansas forum for plaintiffs to file actions involving mechanic’s liens…”
Wyldewood Cellars, Inc. v. Torro, LLC (D. Utah 2023). “2015) (enforcing the parties’ forum selection clause requiring plaintiff to bring its claims in Luxembourg despite plaintiff’s argument that the forum selection clause violated Kansas public policy favoring a Kansas forum for plaintiffs to file actions involving mechanic’s liens…”
— K.S.A. § 16-1803(b)(1) — 3 cases
Herr Indus., Inc. v. CTI Sys., 112 F. Supp. 3d 1174 (D. Kan. 2015). “In its claim under the Act, plaintiff-alleges that CTI failed to pay amounts due within 30 days and that it is therefore entitled to interest pursuant to K.S.A. § 16-1803. That statutory provision, however, provides for payment within 30 days and interest thereafter only -with…”
K.R.W. Constr., Inc. v. Stronghold Eng'g, Inc. (D. Kan. 2022). “§ 16-1801(b) which provides that “[t]he rights and duties prescribed by [the KFPCCA] 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.”
Wheatland Contracting v. Jaco Gen. Contractor, Inc. (Kan. Ct. App. 2019). “The heart of the Act is K.S.A. 16-1803, 16-1804, and 16-1805. A quick review of those provisions shows how broad this law is.”
— K.S.A. § 16-1803(b)(2) — 1 case
Herr Indus., Inc. v. CTI Sys., 112 F. Supp. 3d 1174 (D. Kan. 2015). “In its claim under the Act, plaintiff-alleges that CTI failed to pay amounts due within 30 days and that it is therefore entitled to interest pursuant to K.S.A. § 16-1803. That statutory provision, however, provides for payment within 30 days and interest thereafter only -with…”
— K.S.A. § 16-1803(d) — 3 cases
Herr Indus., Inc. v. CTI Sys., 112 F. Supp. 3d 1174 (D. Kan. 2015). “In its claim under the Act, plaintiff-alleges that CTI failed to pay amounts due within 30 days and that it is therefore entitled to interest pursuant to K.S.A. § 16-1803. That statutory provision, however, provides for payment within 30 days and interest thereafter only -with…”
Drywall Sys., Inc. v. A. Arnold of Kansas City (Kan. Ct. App. 2019). “It states that "[i]n any action to enforce K.S.A. 16-1803, 16-1804, 16-1805 . . . the court .”
Drywall Sys., Inc. v. A. Arnold of Kansas City (Kan. Ct. App. 2019). “It states that "[i]n any action to enforce K.S.A. 16-1803, 16-1804, 16-1805 . . . the court .”
— K.S.A. § 16-1803(e) — 2 cases
Drywall Sys., Inc. v. A. Arnold of Kansas City (Kan. Ct. App. 2019). “It states that "[i]n any action to enforce K.S.A. 16-1803, 16-1804, 16-1805 . . . the court .”
Drywall Sys., Inc. v. A. Arnold of Kansas City (Kan. Ct. App. 2019). “It states that "[i]n any action to enforce K.S.A. 16-1803, 16-1804, 16-1805 . . . the court .”
— K.S.A. § 16-1803(f) — 2 cases
Drywall Sys., Inc. v. A. Arnold of Kansas City (Kan. Ct. App. 2019). “It states that "[i]n any action to enforce K.S.A. 16-1803, 16-1804, 16-1805 . . . the court .”
Drywall Sys., Inc. v. A. Arnold of Kansas City (Kan. Ct. App. 2019). “It states that "[i]n any action to enforce K.S.A. 16-1803, 16-1804, 16-1805 . . . the court .”
— K.S.A. § 16-1803(h) — 2 cases
Drywall Sys., Inc. v. A. Arnold of Kansas City (Kan. Ct. App. 2019). “It states that "[i]n any action to enforce K.S.A. 16-1803, 16-1804, 16-1805 . . . the court .”
Drywall Sys., Inc. v. A. Arnold of Kansas City (Kan. Ct. App. 2019). “It states that "[i]n any action to enforce K.S.A. 16-1803, 16-1804, 16-1805 . . . the court .”
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