Kansas Statutes 60-4701. Definitions
Terms Used In Kansas Statutes 60-4701
- Action: means any civil action or arbitration proceeding between a claimant and a contractor for damages or indemnity asserting a claim for injury or loss to a dwelling or personal property caused by an alleged defect arising out of or related to the construction or a remodel of a dwelling. See Kansas Statutes 60-4701
- Association: means a non-profit homeowners organization as defined in Kan. See Kansas Statutes 60-4701
- Claimant: means a homeowner, including a subsequent purchaser, or association who asserts a claim against a contractor concerning a defect in the construction or in the remodel of a dwelling. See Kansas Statutes 60-4701
- Contractor: means any person, firm, partnership, corporation, association or other organization that is engaged in the business of constructing dwellings. See Kansas Statutes 60-4701
- 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.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- defect: means a deficiency in, or a deficiency arising out of the specifications, planning, supervision or construction of residential improvements that results from any of the following:
(1) Defective material, products or components used in the construction of residential improvements. See Kansas Statutes 60-4701
- Dwelling: means a single-family house, duplex or multifamily unit designed for residential use in which title to each individual unit is transferred to the owner under a condominium or cooperative system and shall include common areas and improvements that are owned or maintained by an association or by members of an association. See Kansas Statutes 60-4701
- Manufactured home: means a structure which:
(1) Is transportable in one or more sections which, in the traveling mode, is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein; and
(2) is subject to the federal manufactured home construction and safety standards established pursuant to 42 U. See Kansas Statutes 77-201
- 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.
- service: means personal service or delivery by certified mail, return receipt requested, to the last known address of the addressee. See Kansas Statutes 60-4701
As used in this act:
(a) “Action” means any civil action or arbitration proceeding between a claimant and a contractor for damages or indemnity asserting a claim for injury or loss to a dwelling or personal property caused by an alleged defect arising out of or related to the construction or a remodel of a dwelling.
(b) “Association” means a non-profit homeowners organization as defined in Kan. Stat. Ann. § 60-3611, and amendments thereto.
(c) “Claimant” means a homeowner, including a subsequent purchaser, or association who asserts a claim against a contractor concerning a defect in the construction or in the remodel of a dwelling.
(d) “Construction defect” or “defect” means a deficiency in, or a deficiency arising out of the specifications, planning, supervision or construction of residential improvements that results from any of the following:
(1) Defective material, products or components used in the construction of residential improvements.
(2) Violation of the applicable codes in effect at the time of construction of residential improvements.
(3) Failure to construct residential improvements in accordance with accepted trade standards for good and workmanlike construction at the time of construction.
(e) “Contractor” means any person, firm, partnership, corporation, association or other organization that is engaged in the business of constructing dwellings.
(f) “Dwelling” means a single-family house, duplex or multifamily unit designed for residential use in which title to each individual unit is transferred to the owner under a condominium or cooperative system and shall include common areas and improvements that are owned or maintained by an association or by members of an association. A dwelling includes the systems and other components and improvements that are part of a single or multifamily unit at the time of construction. For the purposes of this act “dwelling” does not mean manufactured home as defined in Kan. Stat. Ann. § 58-4202, and amendments thereto.
(g) “Serve” or “service” means personal service or delivery by certified mail, return receipt requested, to the last known address of the addressee.
(h) “Subcontractor” means a contractor who performs work on behalf of a contractor in the construction of a dwelling.