Kansas Statutes Annotated

K.S.A. § 16-1805 (2026)

Suspension of performance, when

✓ current as of May 2026

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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.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2010–2025 · leading case: Midwest Asphalt Coating, Inc. v. Chelsea Plaza Homes, Inc., 243 P.3d 1106 (Kan. Ct. App. 2010).

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Midwest Asphalt Coating, Inc. v. Chelsea Plaza Homes, Inc., 243 P.3d 1106 (Kan. Ct. App. 2010). · cites it 2× “Midwest presumably seeks attorney fees for seeking to vindicate its right to payment from Chelsea Plaza under K.S.A. 16-1805, which provides: “If any undisputed payment is not made within seven business days after the payment date established in a contract for private…”

Monarch Build v. DLH Holdings, 567 P.3d 831 (Kan. Ct. App. 2025). · cites it 2× “16-1804, or K.S.A. 16-1805. K.S.A. 16-1803 addresses contractual provisions that are against public policy and failure to pay those involved in the three tiers of responsibility.”

Wheatland Contracting v. Jaco Gen. Contractor, Inc. (Kan. Ct. App. 2019). “ K.S.A. 16-1805 allows a contractor or subcontractor to suspend performance on the contract if not paid, including accrued interest, after giving notice.”

Drywall Sys., Inc. v. A. Arnold of Kansas City (Kan. Ct. App. 2019). “And finally, K.S.A. 16-1805 allows a contractor or subcontractor to suspend performance on the contract if not paid after giving notice.”

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