The bill amends the Kansas Fairness in Public Construction Contract Act by requiring all public construction contracts to include a mutual waiver of consequential damages between the public entity and the contractor. This waiver must be in a specified form and covers various types of consequential damages, including those related to rental expenses, loss of use, and loss of profit. The bill allows for the identification of additional items of consequential damage that may be waived for specific projects and clarifies that the waiver does not affect claims for liquidated damages or direct damages arising from delays.

Additionally, the bill repeals existing sections K.S.A. 16-1901 and K.S.A. 16-1907, which previously outlined the rights and duties under the act, and modifies the citation of the act to include the new provisions. It emphasizes that any conflicting contract language will be overridden by the new requirements, ensuring that the mutual waiver of consequential damages is consistently applied in public construction contracts moving forward.

Statutes affected:
As introduced: 16-1901, 16-1907