Kansas SB335: Requiring public construction contracts to include a mutual waiver of consequential damages

What the bill says

An act concerning public construction contracts; amending the Kansas fairness in public construction contract act; requiring such contracts to include a mutual waiver of consequential damages; amending K.S.A. 16-1901 and 16-1907 and repealing the existing sections. New.

From the enrolled text, March 9, 2026:

AN ACT concerning public construction contracts; amending the Kansas fairness in public construction contract act; requiring such contracts to include a mutual waiver of consequential damages; amending K.S.A. 16-1901 and 16-1907 and repealing the existing sections. New Section 1. (a) On and after the effective date of this act, any contract for public construction entered into by a public entity and a contractor shall include a mutual waiver of consequential damages. Such mutual waiver of consequential damages shall be substantially in the following form: Waiver of claims for consequential damages The contractor and owner waive claims against each other for consequential damages arising out of or relating to this contract. This mutual waiver includes, but is not limited to: (1) Damages incurred by the owner for rental expenses, for loss of use, income, profit, financing, business and reputation and for loss of management or employee productivity or of the services of such persons; and (2) damages incurred by the contractor for principal office expenses, including, but not limited to, the compensation of personnel stationed in such principal office, for losses of financing, business and reputation and for loss of profit, except anticipated profit arising directly from the construction. (b) The public entity and contractor may identify in such contract additional items of consequential damage that are waived as specifically needed …

Read the full official text

Sponsors

• Tim Shallenburger, Tim (I) · primary sponsor

Latest actions

1. March 12, 2026: Approved by Governor on Thursday, March 12, 2026
2. March 9, 2026: Enrolled and presented to Governor on Monday, March 9, 2026
3. March 5, 2026: Emergency Final Action - Passed; Yea 84, Nay 34, Absent 6
4. March 5, 2026: Motion to advance to Emergency Final Action adopted
5. March 5, 2026: Committee of the Whole - Be passed
6. March 5, 2026: Committee of the Whole - Ruling of the chair was sustained; Yea 78, Nay 34, Absent 12
7. March 5, 2026: Rep. Mike King raised a question of germaneness. The amendment was ruled not germane
8. March 5, 2026: Committee of the Whole - Motion to Amend - Offered by Rep. Pam Curtis
9. March 4, 2026: Committee Report recommending bill be passed by House Committee on Commerce, Labor and Economic Development
10. February 18, 2026: Referred to Committee on Commerce, Labor and Economic Development

Votes

• Emergency Final Action - Passed (March 5, 2026): 84 yea, 34 nay, passed
• Committee of the Whole - Ruling of the chair was sustained (March 5, 2026): 78 yea, 34 nay, passed
• Final Action (February 18, 2026): 37 yea, 2 nay, passed

Common questions

What is SB335?

SB335 is a bill in the Kansas Legislature (2025-2026 Regular Session): Requiring public construction contracts to include a mutual waiver of consequential damages.

What does SB335 do?

In its own words: An act concerning public construction contracts; amending the Kansas fairness in public construction contract act; requiring such contracts to include a mutual waiver of consequential damages; amending K.S.A. 16-1901 and 16-1907 and repealing the existing sections. New.

What is the status of SB335?

Signed into law as of March 12, 2026. Latest action: Approved by Governor on Thursday, March 12, 2026 (March 12, 2026).

Who sponsored SB335?

Tim Shallenburger, Tim (I).

Where is the official record for SB335?

On the Kansas Legislature website: https://kslegislature.gov/li/b2025_26/measures/sb335/