16-1902.   Definitions.As used in this act:

      (a)   "Construction" meansfurnishing labor, equipment, material or supplies used orconsumed for the design, construction, alteration, renovation,repair or maintenance of a building,water or waste water treatment facility,oil line, gas line, appurtenance or otherimprovement to real property, including any moving, demolition orexcavation of a building. "Construction" shall not mean the design,construction, alteration, renovation, repair or maintenance of a road, highwayor bridge.

      (b)   "Contract" means a contract or agreement concerningconstruction made and entered into by and between an owner and acontractor, a contractor and a subcontractor or a subcontractorand another subcontractor.

      (c)   "Contractor" means a person performing construction andhaving a contract with an owner of the real property or with atrustee or agent of an owner.

      (d)   "Owner" means a public entity that holds an ownershipinterest in real property.

      (e)   "Public entity" means the state of Kansas, political subdivisions,cities, counties, state universities or colleges, school districts, all specialdistricts, jointagreement entities, public authorities, public trusts, nonprofit corporationsand other organizations which are operated with public money for the publicgood.

      (f)   "Retainage" means money earned by a contractor orsubcontractor but withheld to ensure timely performance by thecontractor or subcontractor.

      (g)   "Subcontractor" means any person performingconstruction covered by a contract between an owner and acontractor but not having a contract with the owner.

      (h)   "Substantial completion" means the stage of a construction project wherethe project, or a designated portion thereof, is sufficiently complete inaccordance with the contract, so that the owner can occupy or utilize theconstructed project for its intended use.

      (i)   "Undisputed payment" means payments which all parties to the contractagree are owed to the contractor.

      History:   L. 2007, ch. 163, § 2; July 1.