Kansas SB335 mandates public construction contracts to include a mutual waiver of consequential damages.
Kansas SB335 amends the Kansas fairness in public construction contract act to require all contracts for public construction to include a mutual waiver of consequential damages. This waiver applies to damages such as loss of use, income, profit, financing, business, reputation, and loss of management or employee productivity. The waiver is applicable to all consequential damages due to either party's termination rights. The act also allows for additional items of consequential damage to be waived as specified in the contract.
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