If you're a Kansas construction contractor, you need to be good at writing Kansas construction contracts.
Once installed on your Windows computer, Construction Contract Writer will make it easy to draft enforceable Kansas contracts that fit your jobs precisely and avoid the penalties imposed by Kansas and federal law.
- Any attempt in a consumer contract to disclaim the warranty of merchantability and fitness for a particular purpose is void under Kansas Annotated Statutes Section 50-639 and is a violation of the Kansas Consumer Protection Act, Kansas Annotated Statutes Sections 50-623 to 50-643. Penalties include a fine of up to $10,000. Kansas Annotated Statutes Section 50-636.
- Payment terms in a private construction contract that don't comply with Kansas Annotated Statutes Sections 16-1801 to 16-1807 are unenforceable and can result in an interest penalty and an award of attorney fees.
- Payment terms in a subcontract for public works construction that don't comply with Annotated Statutes Sections 16-1901 to 16-1908 are unenforceable and can result in an interest penalty and an award of attorney fees.
- Failure to include the notice required by the Kansas Residential Construction Defect Act is a violation of Kansas Annotated Statutes Section 60-4706.
- Any agreement in a construction contract which would indemnify someone for their own negligence is void under Kansas Annotated Statutes Section 16-121(b).
- Any provision in a construction contract which would require one party to provide liability coverage for another party is void unless coverage is on a separate policy paid for by the party claiming indemnity. Kansas Annotated Statutes Section 16-121(c)
- Omission of federal truth in lending disclosures required by 15 United States Code Section 1638 makes the creditor liable for both the overcharge and the debtor's attorney fees.
- Omission of disclosures required by 12 Code of Federal Regulations Section 226.15 extends the 3-day right of rescission to three years under 12 Code of Federal Regulations Section 226.23(a)(3) and 15 U.S. Code Section 1635(f).
- Omission of insulation disclosures required by 16 Code of Federal Regulation Section 460 can result in an $11,000 fine.
When a job goes bad, you better have an iron-clad contract. Consider what happens if you get into a dispute before collecting final payment. An attorney for the other side won't be impressed with your two-page "legal in all 50 states" contract. Most likely, you'll discover that the signed agreement is either partially or totally unenforceable under state law. Game over! You lose. You're not going to collect another dime on that job. Fortunately, there's a better way.
Just answer a series of questions -- like an interview -- to construct a legal contract for each project you take on. Construction Contact Writer explains in plain English what you need to know before answering an interview question. If you know the job and you know what the job requires, Construction Contract Writer will do the rest.
Whether you are writing commercial or residential construction contracts, you'll be able to anticipate where disputes could arise and settle them in the contract before they happen. Then include the warranty protection you intend, the payment schedule, and create subcontracts from the prime contract.
Resolve key issues in your favor with bias control.
Many contract clauses in Construction Contract Writer suggest a bias that favors either the owner, the contractor or the subcontractor. That allows you to shift burden or risk to a particular party. Want to draft a contract that protects the property owner? No problem. Need an aggressive contract that pushes the limits in your favor? That's easy. Of course, if you just want a balanced and fair contract, Construction Contract Writer will do that too.
Need legal help drafting a contract?
Construction Contract Writer even includes a feedback button to an attorney on the Craftsman Book Co. staff to help if you get stumped. This service is free, and you can expect a response within 24 hours.
When you're done, save the contract for future use or modification at a later date. Print contracts directly or export to MS Word or Adobe PDF for electronic delivery or archiving on disk.
Construction contract law changes. But don't worry -- update subscriptions are available. Your contracts have to change to stay in compliance. That's why Construction Contract Writer includes an 'Update' button. You'll be invited to click 'Update' when a change affects the contracts you're drafting. A connection to the Web is required.
Even experienced construction contract attorneys will find plenty of useful reference material in Construction Contract Writer.
Construction Contract Writer cites local court decisions and code sections relevant to key interview questions.