16-1905. Suspension of performance, when. If any undisputed payment is not made within seven business days after the payment date established in a contract for public construction or in this act, the contractor and any subcontractors, regardless of tier, upon seven additional business days' written notice to the owner and, in the case of a subcontractor, written notice to the contractor, shall, without prejudice to any other available remedy, be entitled to suspend further performance until payment, including applicable interest, is made. The contract time for each contract affected by the suspension shall be extended appropriately and the contract sum for each affected contract shall be increased by the suspending party's reasonable costs of demobilization, delay and remobilization.
History: L. 2007, ch. 163, ยง 5; July 1.
Structure Kansas Statutes
Chapter 16 - Contracts And Promises
Article 19 - Kansas Fairness In Public Construction Contract Act
16-1901 Title; rights and duties not waivable or varied under terms of contract.
16-1904 Retainage; release and withholding thereof; alternate security; failure to pay.
16-1905 Suspension of performance, when.
16-1906 Action or arbitration to enforce act; costs; venue.
16-1907 Provisions waiving right to collect damages for delays, void, unenforceable.