KS SB335

All public construction contracts in Kansas must include a mutual waiver of consequential damages between the public entity and contractor

Waived damages for owners include rental expenses, loss of use, income, profit, financing, business reputation, and loss of management/employee productivity

Waived damages for contractors include principal office expenses, personnel compensation, losses of financing, business, reputation, and lost profits (except anticipated profit arising directly from the construction)

Owners may still claim liquidated damages and contractors may still claim extended general conditions and direct damages from delays

Contract language conflicting with these requirements is void, and the statutory provisions control over any contrary contract terms