Kansas Statutes Annotated

K.S.A. § 16-1806 (2026)

Action or arbitration to enforce act; costs; venue

✓ current as of May 2026

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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.

Notes of Decisions

Cited in 12 cases (3 in the last 5 years), 2010–2025 · 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× “See K.S.A. § 16-1806. That’ direct reference to venue arguably provides a stronger statement of a Kansas policy disfavoring forum selection clauses, than the Act’s anti-waiver ¡provisions discussed above.”

Midwest Asphalt Coating, Inc. v. Chelsea Plaza Homes, Inc., 243 P.3d 1106 (Kan. Ct. App. 2010). · cites it 3× “*126 K.S.A. 16-1806. Midwest presumably seeks attorney fees for seeking to vindicate its right to payment from Chelsea Plaza under K.”

Bowen Eng'g, Corp. v. Pac. Indem. Co., 83 F. Supp. 3d 1185 (D. Kan. 2015). “” The defendants stress that the'KFPCA does not explicitly define venue as one of the “rights and duties” which cannot be varied by contract. They also note that some other states with similar construction statutes explicitly provide that out-of-state forum selection clauses are…”

Neighbors Constr. Co. v. Woodland Park at Soldier Creek, LLC, 284 P.3d 1057 (Kan. Ct. App. 2012). · cites it 2× “The relevant Private Construction Contract Act statute, K.S.A. 16-1806, reads as follows: “In any action to enforce K.”

Monarch Build v. DLH Holdings, 567 P.3d 831 (Kan. Ct. App. 2025). · cites it 3× “, 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 12× “Parties to any construction contract covered by the Act cannot agree to a different venue. Appeal from Johnson District Court; RHONDA K.”

Drywall Sys., Inc. v. A. Arnold of Kansas City (Kan. Ct. App. 2019). · cites it 5× “K.S.A. 16-1806. 1 4. Ownership is the bundle of rights allowing one to use, manage, and enjoy property, including the right to convey it to others.”

K.R.W. Constr., Inc. v. Stronghold Eng'g, Inc. (D. Kan. 2022). · cites it 2× “§ 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.”

Erco Interior Sys., Inc. Vs. Nat'l Com. Builders, Inc., Etc. (l-0259-18, Gloucester Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “See Kan. Stat. Ann. § 16-1806 ; N.J.S.A. 2A:30A-2(f).”

Kansas City Grill Cleaners v. BBQ Cleaner (Kan. Ct. App. 2019). “3d at 377 (quoting K.S.A. 16-1806 and K.S.A. 16-1801). Our court held that venue was a right granted under the KFPCCA and, therefore, the parties could not waive that right through a forum-selection clause.”

Clark v. RHF 1 (Kan. Ct. App. 2025). “The court concluded its journal entry by noting that RHF 1 was the prevailing party, thus entitling it to costs and attorney fees under K.S.A. 16-1806. Thus, the court directed RHF 1 to file a motion for entry of attorney fees within 30 days of the entry of judgment and Clark…”

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