Kansas construction service contract template

Kansas Construction Services Agreement

This Construction Services Agreement is made and entered into as of this [Date] by and between:

[Contractor Full Legal Name], with a physical address of [Contractor Physical Address], contact number of [Contractor Contact Number], and Kansas Business Registration Number/Contractor License Number [Contractor License Number], hereinafter referred to as "Contractor,"

and

[Client Full Legal Name], with a physical address of [Client Physical Address], and contact number of [Client Contact Number], hereinafter referred to as "Client."

1. Project Description

The project, hereinafter referred to as "Project," is located at the following Kansas property address and legal description: [Kansas Property Address], [Legal Description].

The scope of work includes, but is not limited to:

• Excavation: [Description of Excavation Work]
• Foundations: [Description of Foundation Work]
• Structural: [Description of Structural Work]
• Electrical: [Description of Electrical Work]
• Plumbing: [Description of Plumbing Work]
• HVAC: [Description of HVAC Work]
• Finishes: [Description of Finishes Work]
• Landscaping: [Description of Landscaping Work]

Specifications and plans are referenced in Exhibit A, attached hereto and incorporated herein.

The schedule of deliverables is detailed in Exhibit B, attached hereto and incorporated herein.

2. Responsibilities of the Parties

Contractor Responsibilities:

• Option A: Contractor shall coordinate with any third-party consultants required under Kansas code, including but not limited to structural engineers and geotechnical experts.
• Option B: Client is responsible for engaging and paying third-party consultants. Contractor will coordinate with these consultants.

Client Responsibilities:

• Option A: Client is responsible for obtaining and paying for building permits, plan approvals, and inspections as mandated by the State of Kansas and the relevant city or county authorities.
• Option B: Contractor shall obtain and pay for building permits, plan approvals, and inspections as mandated by the State of Kansas and the relevant city or county authorities.

3. Compliance with Laws and Regulations

The Contractor shall comply with all applicable Kansas building codes (including K.S.A. Chapter 58, 19, and local municipal code), OSHA safety regulations, and environmental regulations enforced by the Kansas Department of Health and Environment, including stormwater and hazardous waste management for construction sites.

4. Licensing and Insurance

Contractor shall maintain all required Kansas licenses, including [Specific License Requirements].

Contractor shall maintain the following insurance coverage:

• General Liability: [Minimum Coverage Limit]
• Worker's Compensation: As required for Kansas employers
• Builder's Risk: [Minimum Coverage Limit]

Contractor shall provide certificates of insurance to the Client, listing the Client as an additional insured.

5. Payment Terms

The contract price shall be [Lump Sum/Cost-Plus/GMP] in the amount of [Dollar Amount].

Payment Schedule: Based on progress milestones or percentage of completion, as detailed in Exhibit C, attached hereto and incorporated herein.

Retainage: [Percentage]% retainage shall be withheld from each payment. Final release of retainage shall occur [Number] days after substantial completion, according to Kansas law.

Invoicing: Contractor shall submit invoices monthly. The Client has the right to suspend work for non-payment after [Number] days of written notice, as permitted by Kansas law.

6. Change Orders

All changes to the scope, price, or schedule must be in writing and signed by both parties, compliant with the Kansas statute of frauds.

Each change order shall document the mutual agreement for any modifications to the original contract terms.

7. Project Schedule

The Project shall commence on [Start Date].

Substantial Completion shall be achieved by [Completion Date].

Liquidated Damages: If allowed under Kansas law, liquidated damages shall be assessed at [Dollar Amount] per day for each day beyond the substantial completion date.

Delay: Procedures for delay caused by weather, material shortages, or force majeure are outlined in Section 18, including requirements for timely written notice and substantiation.

8. Warranties and Guarantees

Contractor warrants all workmanship for a period of one year from the date of substantial completion.

Manufacturer warranties for materials shall apply where applicable.

Procedure for notification and repair of nonconforming work: [Detailed Procedure].

9. Indemnification

Mutual indemnification for third-party claims arising from negligence or breach, customized to reflect proportionate liability per Kansas law.

Hold harmless for code violations not under the control of the indemnifying party.

10. Dispute Resolution

Tiered process of negotiation, followed by mediation (naming an ADR organization in Kansas, such as the Kansas City office of the AAA), and binding arbitration or litigation in the appropriate Kansas county court, governed by the laws of the State of Kansas.

11. Mechanics' Lien Notice

NOTICE: As required under Kansas law (K.S.A. 60-1101 et seq.), all contractors, subcontractors, and material suppliers have the right to file a mechanics’ lien against your property for non-payment. You have the right to require the contractor to provide you with a list of all subcontractors and material suppliers. You should also be aware that subcontractors and material suppliers can also file a mechanics' lien against your property even if you have paid the contractor in full. You should consult with an attorney if you have any questions about your rights under Kansas law.

12. Termination

Termination for Cause: [Detailed Termination for Cause Procedure]

Termination for Convenience: [Detailed Termination for Convenience Procedure]

Contractor compensation for work performed and demobilization: [Compensation Details].

Procedures for transfer of completed work and materials: [Transfer Procedures].

13. Assignment and Subcontracting

Client consent is required for any assignments.

Known major subcontractors and their Kansas license numbers:

• [Subcontractor Name]: [License Number]
• [Subcontractor Name]: [License Number]

14. Site Conditions

Responsibility for subsurface or hidden conditions: [Responsibility Details].

Procedures for discovery and claim for differing site conditions per Kansas practice: [Procedures Details].

Required documentation: [Documentation Details].

15. Ownership and Protection of Materials and Equipment

Transfer of title and risk: [Transfer of Title and Risk Details].

Insurance and storage on-site: [Insurance and Storage Details].

16. Hazardous Materials and Environmental Issues

Compliance with Kansas Department of Health and local agency requirements for notification and remediation: [Compliance Details].

17. Confidentiality

Protection of proprietary project and pricing information.

18. Force Majeure

This agreement shall be subject to circumstances beyond anyone’s control and/or which would make performance illegal or impossible. These events might include weather or other events that may make it unwise, impractical, or impossible to perform, and shall include, but are not limited to, acts of God, war, riots, labor disputes, earthquakes, fires, explosions, material shortages, pandemic, and governmental regulation.

Mitigation and notice procedures: [Mitigation and Notice Details].

19. Prevailing Wage and Public Bidding (If Applicable)

If this is a public or government-funded Kansas construction contract, all prevailing wage and public bidding laws shall apply.

20. General Provisions

Governing Law: The laws of the State of Kansas shall govern this agreement.

Venue: Any legal action arising out of this agreement shall be brought in the appropriate court in [Kansas County] County, Kansas.

Entire Agreement: This document constitutes the full and exclusive agreement between the parties concerning the subject matter, superseding prior oral or written agreements.

Amendment: Any modifications to this agreement must be in writing and signed by both parties.

Severability: If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver: No waiver of any provision of this agreement shall be effective unless in writing and signed by the party waiving such provision.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

____________________________
[Contractor Full Legal Name]

____________________________
[Client Full Legal Name]