Kansas Statutes 16-1902. Definitions
Terms Used In Kansas Statutes 16-1902
- Construction: means furnishing labor, equipment, material or supplies used or consumed for the design, construction, alteration, renovation, repair or maintenance of a building, water or waste water treatment facility, oil line, gas line, appurtenance or other improvement to real property, including any moving, demolition or excavation of a building. See Kansas Statutes 16-1902
- Contract: A legal written agreement that becomes binding when signed.
- Contract: means a contract or agreement concerning construction made and entered into by and between an owner and a contractor, a contractor and a subcontractor or a subcontractor and another subcontractor. See Kansas Statutes 16-1902
- Contractor: means a person performing construction and having a contract with an owner of the real property or with a trustee or agent of an owner. See Kansas Statutes 16-1902
- Owner: means a public entity that holds an ownership interest in real property. See Kansas Statutes 16-1902
- Property: includes personal and real property. See Kansas Statutes 77-201
- Public entity: means the state of Kansas, political subdivisions, cities, counties, state universities or colleges, school districts, all special districts, joint agreement entities, public authorities, public trusts, nonprofit corporations and other organizations which are operated with public money for the public good. See Kansas Statutes 16-1902
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: include lands, tenements and hereditaments, and all rights to them and interest in them, equitable as well as legal. See Kansas Statutes 77-201
- road: include public bridges and may be construed to be equivalent to "county way" "county road" "common road" "state road" and "territorial road. See Kansas Statutes 77-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- Subcontractor: means any person performing construction covered by a contract between an owner and a contractor but not having a contract with the owner. See Kansas Statutes 16-1902
- Trustee: A person or institution holding and administering property in trust.
As used in this act:
(a) “Alternate security” means an irrevocable bank letter of credit, certificate of deposit, cash bond or other type of asset or security of value equal to or exceeding the amount of retained funds. “Alternate security” shall not include a performance bond or a payment bond.
(b) “Construction” means furnishing labor, equipment, material or supplies used or consumed for the design, construction, alteration, renovation, repair or maintenance of a building, water or waste water treatment facility, oil line, gas line, appurtenance or other improvement to real property, including any moving, demolition or excavation of a building. “Construction” shall not mean the design, construction, alteration, renovation, repair or maintenance of a road, highway or bridge.
(c) “Contract” means a contract or agreement concerning construction made and entered into by and between an owner and a contractor, a contractor and a subcontractor or a subcontractor and another subcontractor.
(d) “Contractor” means a person performing construction and having a contract with an owner of the real property or with a trustee or agent of an owner.
(e) “Owner” means a public entity that holds an ownership interest in real property.
(f) “Public entity” means the state of Kansas, political subdivisions, cities, counties, state universities or colleges, school districts, all special districts, joint agreement entities, public authorities, public trusts, nonprofit corporations and other organizations which are operated with public money for the public good.
(g) “Retainage” or “retention” means money earned by a contractor or subcontractor but withheld to ensure timely performance by the contractor or subcontractor.
(h) “Subcontractor” means any person performing construction covered by a contract between an owner and a contractor but not having a contract with the owner.
(i) “Substantial completion” means the stage of a construction project where the project, or a designated portion thereof, is sufficiently complete in accordance with the contract, so that the owner can occupy or utilize the constructed project for its intended use.
(j) “Undisputed payment” means payments which all parties to the contract agree are owed to the contractor.