60-4706. Notice to potential claimant of contractor's right to offer repair; form.
60-4706
60-4706. Notice to potential claimant ofcontractor's right to offer repair; form.(a) Upon entering into a contract for construction orremodel of adwelling, the contractor shall provide notice to thepotential claimantof the contractor's right to offer to repairconstruction defects before aclaimant may commence litigation against the contractor. Such noticeshall be conspicuous and may be included as part of the underlying contract.
(b) Such notice shall be in substantially the following form: Kansas lawcontains important requirements you mustfollow before youmay file a lawsuit for defective construction against the contractor whoconstructed your home.Ninety days before you file your lawsuit, you must deliver to the contractor awritten notice ofany construction conditions you allege are defective and provide yourcontractorthe opportunity to make an offer to repair or payfor the defects.You are not obligated to accept any offer made by the contractor. There arestrict deadlines and procedures under state law, andfailure to follow themmay affect your ability to file a lawsuit.
History: L. 2003, ch. 74, § 6; July 1.