Kansas Statutes Annotated

K.S.A. § 16-1901 (2026)

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

✓ current as of May 2026
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16-1901. Title; rights and duties not waivable or varied under terms of contract. (a) K.S.A. 16-1901 through 16-1908, and amendments thereto, shall be known and may be cited as the Kansas fairness in public 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. 2007, ch. 163, § 1; July 1.


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Notes of Decisions
Cited in 3 cases, 2012–2017 · 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 6× “Under the Kansas Fairness in Public Construction Contract Act, found at K.S.A. 16-1901 et seq., the term "contract" means a contract or agreement concerning 1 construction made and entered into by and between an owner and a contractor, a contractor and a subcontractor, or a…”
W & W Steel, LLC v. BSC Steel, Inc., 944 F. Supp. 2d 1066 (D. Kan. 2013). “Count VIII In Count VIII, BSC asserts a claim against W & W, MMI and Liberty Mutual under the Kansas Fairness in Public Construction Contract Act (KFPCCA), K.S.A. 16-1901 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). “, instead of the Kansas Fairness in Public Construction Contract Act, K.S.A. 16-1901 et seq. In addition, Woodland Park argues that even if the arbitrator’s use of the wrong statute is insufficient to vacate tire award, the award should be vacated because attorney fees can be…”
— K.S.A. § 16-1901(b) — 1 case
Lindsey Masonry Co. v. Murray & Sons Constr. Co., 390 P.3d 56 (Kan. Ct. App. 2017). “Under the Kansas Fairness in Public Construction Contract Act, found at K.S.A. 16-1901 et seq., the term "contract" means a contract or agreement concerning 1 construction made and entered into by and between an owner and a contractor, a contractor and a subcontractor, or a…”
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