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Terms Used In Kansas Statutes 16-1802

  • Construction: means furnishing labor, equipment, material or supplies used or consumed for the design, construction, alteration, renovation, repair or maintenance of a building, structure, road, bridge, water line, sewer line, oil line, gas line, appurtenance or other improvement to real property, including any moving, demolition or excavation. See Kansas Statutes 16-1802
  • 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 16-1802
  • Contractor: means a person performing construction and having a contract with an owner of the real property or with a trustee, agent or spouse of an owner. See Kansas Statutes 16-1802
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Owner: means a person who holds an ownership interest in real property. See Kansas Statutes 16-1802
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, corporation, estate, trust, partnership, limited liability company, association, joint venture or any other legal entity. See Kansas Statutes 16-1802
  • Property: includes personal and real property. See Kansas Statutes 77-201
  • 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
  • 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 16-1802
  • 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, structure, road, bridge, water line, sewer line, oil line, gas line, appurtenance or other improvement to real property, including any moving, demolition or excavation.

(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, agent or spouse of an owner.

(e) “Owner” means a person who holds an ownership interest in real property.

(f) “Person” means an individual, corporation, estate, trust, partnership, limited liability company, association, joint venture or any other legal entity.

(g) “Retainage” or “retention” means money earned by a contractor or subcontractor but withheld to ensure proper 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 portion thereof can be used for its intended purpose.