SENATE BILL No. 189
By Committee on Judiciary
AN ACT concerning residential building contractors; creating implied
warranties of habitability and workmanlike construction.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) When used in this act:
(1) ``Residence'' means any: (A) Single family house; or (B) unit in a
building containing living quarters occupied or intended to be occupied
by not more than four families living independently of each other; or (C)
unit in a multiunit residential structure of five stories or less in which title
to the individual units is transferred to owners under a condominium or
cooperative agreement. Such term shall not include mobile or manufac-
tured homes, appurtenant recreational facilities, detached garages, drive-
ways, walkways, patios, boundary walls, retaining walls not necessary for
the structural stability of the residence, landscaping, fences, nonperma-
nent construction materials, off-site improvements and all similar items.
(2) ``Contractor'' means any person who undertakes, with or for an-
other, to build or construct a new residence or alter, repair, remodel or
renovate an existing residence.
(3) ``Person'' means any individual, corporation, partnership, associ-
ation or other legal entity.
(b) (1) An implied warranty of habitability and an implied warranty
of workmanlike construction shall attach to every contract or agreement
for the sale or construction of a new residence or the alteration, repair,
remodeling or renovation of an existing residence in this state.
(c) Under the implied warranty of habitability, the contractor repre-
sents and warrants each of the following:
(1) The work performed and materials used comply with any archi-
tectural or other plans and specifications contained in or incorporated
into the contract or agreement;
(2) the work performed and materials used comply in all material
respects with applicable building codes and other public requirements or
regulations establishing standards of quality and safety which have been
adopted by statute, city ordinance or county resolution or by rule or reg-
ulation adopted to implement such statute, ordinance or resolution;
(3) the roof, supporting walls, floors, windows, doors, insulation and
foundation of the residence shall be in safe working order and structurally
(4) the electrical, plumbing or mechanical systems shall be in safe
working order and condition; and
(5) the residence, or the affected part of the residence in the event
of alteration, repair, remodeling or renovation, shall be reasonably suited
for its intended use.
(d) Under the implied warranty of workmanlike construction, the
contractor represents and warrants that the work performed was done
using due care and skill according to generally accepted industry prac-
(e) No civil action directed to a breach of any warranty contained in
this section shall be commenced until after the contractor has been rea-
sonably notified in writing of the breach or defect and the contractor (1)
denies the claim or (2) fails to cure, correct or remedy the breach or
defect in a timely manner. The contractor shall have 30 days after receipt
of the notice to cure, correct or remedy any breach of warranty or defect
that has made the residence unsafe to occupy, and 90 days after receipt
of the notice to cure, correct or remedy any other breach of warranty or
defect. If the contractor is not reasonably available to notify as required
by this subsection, a civil action directed to a breach of any warranty
contained in this section may be commenced at any time. Any action
brought pursuant to paragraph (1), (2) or (3) of subsection (c) shall be
commenced within three years of the date of closing in the case of a new
residence or three years from the date of final payment to the contractor
in the case of alteration, repair, remodeling or renovation of an existing
residence or it shall be forever barred. Any action brought pursuant to
paragraph (4) or (5) of subsection (c) or pursuant to subsection (d) shall
be commenced within one year of the date of closing in the case of a new
residence or one year from the date of final payment to the contractor in
the case of alteration, repair, remodeling or renovation of an existing
residence or it shall be forever barred. If compliance with the notice
provisions of this subsection would result in the barring of an action, such
time shall be extended by the time period required for compliance with
the provisions of this subsection.
(f) Any disclaimer or limitation of any warranty contained in this sec-
tion shall be void.
(g) In any action brought under this section, the court may award to
the prevailing party costs and reasonable attorney fees, including those
(h) The remedies provided in this section shall not be construed to
limit, impair or exclude any other common law or statutory remedies or
claims for relief.
(i) Any warranty created by this section shall not supersede any ex-
press warranty and shall be in addition to any express or other implied
warranty provided by law.
Sec. 2. This act shall take effect and be in force from and after its
publication in the statute book.