Kansas 2025-2026 Regular Session

Kansas Senate Bill SB335

Introduced
1/15/26  
Refer
1/16/26  
Report Pass
2/11/26  
Engrossed
2/18/26  
Refer
2/18/26  
Report Pass
3/4/26  
Enrolled
3/9/26  

Caption

Requiring public construction contracts to include a mutual waiver of consequential damages.

Impact

The implications for state law are significant as SB335 alters existing provisions related to damages in public contracts. With the mutual waiver in place, contractors and public entities may find themselves less exposed to complex claims regarding consequential damages, promoting greater consistency in the contract performance landscape. This could lead to a more efficient contractual environment where parties are focused on direct damages rather than potential indirect suffering. Conversely, it raises concerns about the protection of contractors and public entities from unforeseen damages that could impact both financial and operational aspects of contracts.

Summary

Senate Bill 335 amends the Kansas Fairness in Public Construction Contract Act to require that all public construction contracts include a mutual waiver of consequential damages between public entities and contractors. This means that both parties agree not to hold each other liable for specific indirect damages that could result from the contract. The bill outlines particular damages that may be waived and permits the contracting parties to specify additional items as necessary for specific projects. The changes to the act aim to streamline contract management and encourage more straightforward negotiations between public entities and contractors.

Sentiment

General sentiment around SB335 appears to align with a pro-business approach, emphasizing efficiency and reduced administrative burdens in public contracting. Supporters of the bill argue that the requirement for mutual waivers encourages better project management and planning by clearly defining liability and risks for both parties. However, there are voices of concern regarding its implications for fairness and transparency. Detractors may view the bill as potentially favoring contractor interests over public accountability, evidencing a polarizing debate on the balance between business interests and public protections.

Contention

Notable points of contention surrounding SB335 revolve around the impact of waiving consequential damages. Critics argue that the lack of liability for consequential damages could lead to adverse effects on project delivery and public interests, particularly if contractors decide to overlook quality standards or neglect project-specific issues. Furthermore, by potentially enabling public entities to sidestep responsibilities linked to indirect damages, critics feel that accountability might diminish. The underlying tension within the public construction framework in Kansas raises questions regarding the balance between promoting business operations and ensuring robust public policy protections.

Companion Bills

No companion bills found.

Previously Filed As

KS SB6

Providing a sales tax exemption for sales of electricity to residential premises by municipally owned or operated utilities.

KS SB8

Exempting the sale of firearms, firearms accessories, ammunition, firearm safes and firearm safety devices from the retatilers' sales tax.

KS SB2

Eliminating the income limit to qualify for the subtraction modification exempting social security benefits, increasing the income tax credit amount for household and dependent care expenses, establishing the veterans' valor property tax relief act providing for an income tax credit or refund for eligible individuals, citing the increased property tax homestead refund claim section as the homeowners' property tax freeze program, decreasing the normal privilege tax rate, increasing the extent of property tax exemption for residential property from the statewide school levy, decreasing the rate of ad valorem tax imposed by a school district; providing for certain transfers to the state school district finance fund, reducing the state rate of tax on sales of food and food ingredients and modifying the percent credited to the state highway fund from revenue collected.

KS SB1

Modifying income tax rates for individuals, exempting all social security benefits from Kansas income tax, increasing the Kansas standard deduction and the Kansas personal exemption, increasing the income tax credit amount for household and dependent care expenses, decreasing the privilege tax normal tax, excluding internal revenue code section 1031 exchange transactions as indicators of fair market value for property tax valuation purposes, increasing the extent of property tax exemption for residential property from the statewide school levy, providing for certain transfers to the state school district finance fund and abolishing the local ad valorem tax reduction fund and the county and city revenue sharing fund.

KS HB2003

Establishing the veterans' valor property tax relief act providing for an income tax credit or refund for eligible individuals, modifying the definition of household income and increasing the appraised value threshold for eligibility of seniors and disabled veterans related to increased property tax claims and citing the section as the homeowners' property tax freeze program, providing property tax exemptions for certain personal property including watercraft, marine equipment, off-road vehicles, motorized bicycles and certain trailers, excluding internal revenue code section 1031 exchange transactions as indicators of fair market value, providing for certain exclusions from the prohibition of paying taxes under protest after a valuation notice appeal and providing four prior years' values on the annual valuation notice.

KS SB4

Requiring all advance voting ballots be returned by 7:00 p.m. on election day.

KS HB2001

Authorizing the secretary of commerce to enter into agreements with major professional sports franchises to establish STAR bond projects for a major professional sports complex, providing for additional revenue sources, expanding the powers and discretion of the secretary and making other changes to the STAR bonds financing act to facilitate such projects, limiting the secretary’s authority to approve such projects to one year unless extended by the legislative coordinating council, authorizing the Kansas development finance authority to issue STAR bonds for such projects, transferring funds under certain circumstances from the state gaming revenues fund to the attracting professional sports to Kansas fund for the fiscal year ending June 30, 2025, and, if approved by the legislative coordinating council, for the fiscal year ending June 30, 2026.

KS SCR1604

Proposing to amend section 1 of article 11 of the constitution of the state of Kansas to limit property tax valuation increases for real property and personal property mobile homes.

KS HB2002

Expanding medical assistance eligibility and enacting the cutting healthcare costs for all Kansans act.

KS HB2004

Authorizing counties to propose an earnings tax for ballot question.

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