STATE STATUTES & CODES
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KANSAS STATUTES AND CODES
60-4701. Definitions.
60-4701
60-4701. Definitions.As used in this act:
(a) "Action" means any civilaction orarbitration proceeding between a claimant and a contractor for damages orindemnity asserting a claim for injury orloss to a dwellingor personal property caused by an alleged defect arising out of or related tothe constructionor a remodel of a dwelling.
(b) "Association" means a non-profit homeowners organization as defined inK.S.A. 60-3611, and amendments thereto.
(c) "Claimant" means a homeowner, including a subsequent purchaser, orassociationwho asserts a claim against a contractor concerning adefect in the constructionor in the remodel of a dwelling.
(d) "Construction defect" or "defect" means a deficiency in, or a deficiencyarising out ofthe specifications, planning, supervision or construction of residentialimprovements that resultsfrom any of the following:
(1) Defective material, products or components used in the construction ofresidentialimprovements.
(2) Violation of the applicable codes in effect at the time of constructionof residentialimprovements.
(3) Failure to construct residential improvements in accordance with acceptedtradestandards for good and workmanlike construction at the time of construction.
(e) "Contractor" means any person, firm, partnership, corporation,association or otherorganization that is engaged in the business of constructingdwellings.
(f) "Dwelling" means a single-family house, duplex or multifamily unitdesigned forresidential use in which title to each individual unit is transferred to theowner under acondominium or cooperative system and shall include common areas andimprovements that areowned or maintained by an association or by members of an association. Adwelling includesthe systems and other components and improvements that are part of a single ormultifamily unitat the time of construction. For the purposes of this act "dwelling" does notmean manufacturedhome as defined in K.S.A. 58-4202, and amendments thereto.
(g) "Serve" or "service" means personal service or delivery by certifiedmail, return receipt requested,to the last known address of the addressee.
(h) "Subcontractor" means a contractor who performs work on behalf of acontractorin the construction of a dwelling.
History: L. 2003, ch. 74, § 1; July 1.