Kansas Statutes 60-4702. Filing of action; notice requirements
Terms Used In Kansas Statutes 60-4702
- 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
- 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
- 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
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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
- Service of process: The service of writs or summonses to the appropriate party.
- Statute: A law passed by a legislature.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
(a) If a claimant files an action against a contractor without service of notice under this act, the action shall be dismissed without prejudice upon motion of the contractor filed within 60 days of service of process. An action against a contractor cannot be refiled until the parties have complied with the provisions of this act. A dismissal pursuant to this subsection shall not count as a dismissal for purposes of subsection (a)(1) of Kan. Stat. Ann. § 60-241, and amendments thereto.
(b) If the statute of limitations would expire during the time period necessary to allow the parties to comply with the provisions of this act, the statute of limitations shall be tolled if the claimant gives notice of the claim to the contractor within 90 days of entry of the order of dismissal of the action without prejudice pursuant to subsection (a).
(c) If the statute of limitations would expire during the time period necessary to allow the parties to comply with the provisions of this act, the claimant’s notice of claim shall serve to toll the statute of limitations for 180 days after the latest of the following three dates: (1) The date the claimant personally serves or mails the notice of claim; (2) the date agreed upon for the contractor to make payment under subsection (c)(3) or (g)(2) of Kan. Stat. Ann. § 60-4704, and amendments thereto; or (3) the date agreed upon for the contractor to completely remedy the construction defect under subsection (c)(2) or (g)(1) of Kan. Stat. Ann. § 60-4704, and amendments thereto.
(d) Nothing in this section shall be interpreted to shorten the statute of limitations under Kan. Stat. Ann. § 60-501 et seq., and amendments thereto, otherwise applicable to a claimant’s action against a contractor.