Kansas Complaint Against Building Contractor for Failure to Complete Construction

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Multi-State
Control #:
US-01131BG
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Word; 
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Description

The failure of a contracting party to substantially perform the terms and conditions of a construction contract entitles the other party to the contract to sue for damages resulting from the breach of the contract. The measure of damages in such cases is generally held to be the amount above the contract price that it costs the other party to complete the services in accordance with the terms of the contract.


This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

KANSAS. Construction: There is a general 10-Year Statute of Repose for all tort cases. K.S.A. § 60-513(b).

*An owner must release retainage on any undisputed payment due on a construction project within 30 days after substantial completion *If an owner, contractor or subcontractor fails to pay retainage, they shall pay 18% interest beginning on the first business day after the payment was due.

(a) Failure to comply with a traffic citation means failure either to: (1) Appear before any district or municipal court in response to a traffic citation and pay in full any fine and court costs imposed; or (2) otherwise comply with a traffic citation as provided in K.S.A. 8-2118, and amendments thereto.

As part of the Fairness in Private Construction Contract Act (2005) and Fairness in Public Contract Act (2007), the Kansas legislature made construction contract provisions which waived, released or extinguished insurance subrogation rights void and unenforceable.

Kansas bars the recording, interception, use or disclosure of any private conversation without the consent of at least one party to the conversation. The state also prohibits the recording and disclosure of images captured illegally with a hidden camera. Violators can face both civil and criminal penalties.

8-1503. Required obedience to lawful order of police officer or fireman; misdemeanor. No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer or fireman invested by law with authority to direct, control or regulate traffic. Violation of this section is a misdemeanor.

(a) If any person neglects or refuses to perform an order or judgment of a court, other than for the payment of money, such person shall be guilty of contempt of court; and the court shall issue an order to appear and show cause requiring such person, on a day to be stated in such order, to appear before the court and ...

As part of the Fairness in Private Construction Contract Act (2005) and Fairness in Public Contract Act (2007), the Kansas legislature made construction contract provisions which waived, released or extinguished insurance subrogation rights void and unenforceable.

If the subject of a bench warrant has any interaction with the police, they will face arrest. An individual convicted of failure to appear could face up to six months in jail and a fine of up to $1000.

Statutes of limitations in the Sunflower State can vary from one to five years, depending on what type of case you have. In most cases, the statutory ?clock" will begin ticking on either the date of the incident or the date you discover the harm.

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Kansas Complaint Against Building Contractor for Failure to Complete Construction