60-4702. Filing of action; notice requirements. - Kansas Statutes

60-4702

Chapter 60.--PROCEDURE, CIVIL Article 47.--CONSTRUCTION DEFECTS

      60-4702.   Filing of action; noticerequirements.(a) If a claimant files an action against a contractor withoutservice of notice under this act, the action shall be dismissed withoutprejudice upon motion of the contractor filed within 60 days of service ofprocess. An action against a contractor cannot be refiled until the partieshave complied with the provisions of this act. A dismissal pursuant to thissubsection shall not count as a dismissal for purposes of subsection (a)(1) ofK.S.A. 60-241, and amendments thereto.

      (b)   If the statute of limitations would expire during the time periodnecessary to allow the parties to comply with the provisions of this act, thestatute of limitations shall be tolled if the claimant gives notice of theclaim to the contractor within 90 days of entry of the order of dismissal ofthe action without prejudice pursuant to subsection (a).

      (c)   If the statute of limitations would expire during the time periodnecessary to allow the parties to comply with the provisions of this act, theclaimant's notice of claim shall serve to toll the statute of limitations for180 days after the latest of the following three dates: (1) The date theclaimant personally serves or mails the notice of claim; (2) the date agreedupon for the contractor to make payment under subsection (c)(3) or (g)(2) ofK.S.A. 60-4704, and amendments thereto; or (3) the date agreed uponfor thecontractor to completely remedy the construction defect under subsection (c)(2)or (g)(1) of K.S.A. 60-4704, and amendments thereto.

      (d)   Nothing in this section shall be interpreted to shorten the statute oflimitations under K.S.A. 60-501 et seq., and amendments thereto,otherwise applicable to a claimant's action against a contractor.

      History:   L. 2003, ch. 74, § 2; July 1.