60-4704.Initial notice of claim; service; response;inspection proposal; settlement offer; offer to remedy; acceptance or rejectionof offer; failure to respond.(a) Before the filing of an action brought against a contractorarising out oftheconstruction of adwelling, the claimant shall servewritten initial notice ofclaim on the contractor. The initial notice of claim shall state that theclaimant asserts aconstruction defect claim and the notice of claim shall describe the claim orclaims in detailsufficient to determine the general nature of any alleged construction defects.
(b) Within 15 days after service of the notice of claim, thecontractor shall serve acopy of the notice to each subcontractor who may be responsiblefor a defectspecified in the notice and include with the notice the specific defect forwhich the contractorbelieves the subcontractor may be responsible.
(c) Within 30 days after service of the notice of claim by claimant, eachcontractor that has received such notice shall servea written responseon the claimant. The written response shall:
(1) Propose to inspect the dwelling that is the subject of the claim;
(2) offer to remedy the alleged construction defect at no cost to theclaimant including a description of the additional construction necessary toremedy the defect, a specification of the date when the contractor proposes tocommence the work and the date the work will be completed;
(3) offer to compromise and settle the claim by monetary payment withoutinspection including a specification of the amount of the payment and the datethe payment will be made; or
(4) state that the contractor disputes the claimand will neitherremedy the alleged construction defect nor compromise and settle the claim.
(d) If the contractor refuses service under subsection (a), disputes theclaim pursuantto subsection(c)(4), does not respond to the claimant's notice of claim within the timestated in subsection(c),does not commence or complete the work on the alleged construction defect onthe date specified in subsection (c)(2) or does not make the payment in thetime specified in subsection (c)(3),the claimant may bring an action against the contractorwithout further notice.
(e) If the claimant rejects the inspection proposal or the settlement offermade by thecontractor pursuant to subsection (c), the claimantshall serve writtennotice of the claimant's rejection on the contractor. After service of therejection, the claimant maybring an actionagainst the contractorwithout further notice. The claimant may alternatively elect anarbitrationprocess pursuant to K.S.A. 5-201 et. seq., and amendments thereto.Failure to give the notice required by this subsection shall not require thedismissal of the action under subsection (a) of K.S.A. 60-4702, andamendmentsthereto.
(f) If the claimant elects to allow the contractorto inspect thedwelling in accordance with the contractor'sproposal pursuant tosubsection (c)(1) the claimant shall notify the contractor andshall provide the contractorand itsagents access to the claimant's dwelling during normal working hoursto inspect thepremises and the claimed defect to determine the nature and cause of thealleged defects and thenature and extent of any repairs or replacements necessary to repair thealleged defects.Such inspection shall occur within 30 days of the claimant's notification tothe contractor under this section.
(g) Within 30 days following completion of the inspection, the contractorshall serve on the claimant a written:
(1) Offer to remedy the construction defect at no cost to the claimant,including a reportof the scope of the inspection, the findings and results of the inspection, adescription of theadditional construction necessary to remedy the defect,a specification of the date when the contractor proposes to commence the workand the date the work will be completed;
(2) offer to compromise and settle the claim by monetary paymentincluding a specification of the amount of the payment and the date the paymentwill be made; or
(3) statement that the contractor will not proceedfurther toremedy the defect.
(h) If a claimant accepts a contractor's offermade pursuant tosubsection (g)(1) or (g)(2) and the contractor doesnot proceed toremedy the construction defect or make the monetary payment within the agreedtimetable, theclaimant may bring an action against the contractorwithout further notice.
(i) Ifthe contractor does not respond within the time period specified by subsection(g) ora claimant receives a written statement that the contractorwill not proceed further to remedy the defect, the claimant may bring an actionagainst thecontractor without further notice.
(j) If the claimant rejects the offer made by the contractortoeither remedy the construction defect or to make the monetary payment, theclaimant shall servewritten notice of the claimant's rejection on the contractor. After service ofthe rejection the claimant may bring anaction againstcontractorwithoutfurther notice.
(k) Any claimant accepting the offer of the contractor toremedy the construction defects shall do so by serving the contractorwith a written notice of acceptanceno later than 30 days after receipt of the offer.
(l) If a claimant accepts a contractor's offer torepair a defectdescribed in a notice of claim, the claimant shall provide thecontractorand its agents reasonable access to theclaimant's dwelling duringnormal working hours to perform and complete the construction by the timetablestated in theoffer.
(m) Absent good cause, the contractor's failure to respond ingood faith to the claimant's notice of claim shall preclude the contractorfrom asserting that the claimant did not comply with the provisions of thisact.
60-4704.Initial notice of claim; service; response;inspection proposal; settlement offer; offer to remedy; acceptance or rejectionof offer; failure to respond.(a) Before the filing of an action brought against a contractorarising out oftheconstruction of adwelling, the claimant shall servewritten initial notice ofclaim on the contractor. The initial notice of claim shall state that theclaimant asserts aconstruction defect claim and the notice of claim shall describe the claim orclaims in detailsufficient to determine the general nature of any alleged construction defects.
(b) Within 15 days after service of the notice of claim, thecontractor shall serve acopy of the notice to each subcontractor who may be responsiblefor a defectspecified in the notice and include with the notice the specific defect forwhich the contractorbelieves the subcontractor may be responsible.
(c) Within 30 days after service of the notice of claim by claimant, eachcontractor that has received such notice shall servea written responseon the claimant. The written response shall:
(1) Propose to inspect the dwelling that is the subject of the claim;
(2) offer to remedy the alleged construction defect at no cost to theclaimant including a description of the additional construction necessary toremedy the defect, a specification of the date when the contractor proposes tocommence the work and the date the work will be completed;
(3) offer to compromise and settle the claim by monetary payment withoutinspection including a specification of the amount of the payment and the datethe payment will be made; or
(4) state that the contractor disputes the claimand will neitherremedy the alleged construction defect nor compromise and settle the claim.
(d) If the contractor refuses service under subsection (a), disputes theclaim pursuantto subsection(c)(4), does not respond to the claimant's notice of claim within the timestated in subsection(c),does not commence or complete the work on the alleged construction defect onthe date specified in subsection (c)(2) or does not make the payment in thetime specified in subsection (c)(3),the claimant may bring an action against the contractorwithout further notice.
(e) If the claimant rejects the inspection proposal or the settlement offermade by thecontractor pursuant to subsection (c), the claimantshall serve writtennotice of the claimant's rejection on the contractor. After service of therejection, the claimant maybring an actionagainst the contractorwithout further notice. The claimant may alternatively elect anarbitrationprocess pursuant to K.S.A. 5-201 et. seq., and amendments thereto.Failure to give the notice required by this subsection shall not require thedismissal of the action under subsection (a) of K.S.A. 60-4702, andamendmentsthereto.
(f) If the claimant elects to allow the contractorto inspect thedwelling in accordance with the contractor'sproposal pursuant tosubsection (c)(1) the claimant shall notify the contractor andshall provide the contractorand itsagents access to the claimant's dwelling during normal working hoursto inspect thepremises and the claimed defect to determine the nature and cause of thealleged defects and thenature and extent of any repairs or replacements necessary to repair thealleged defects.Such inspection shall occur within 30 days of the claimant's notification tothe contractor under this section.
(g) Within 30 days following completion of the inspection, the contractorshall serve on the claimant a written:
(1) Offer to remedy the construction defect at no cost to the claimant,including a reportof the scope of the inspection, the findings and results of the inspection, adescription of theadditional construction necessary to remedy the defect,a specification of the date when the contractor proposes to commence the workand the date the work will be completed;
(2) offer to compromise and settle the claim by monetary paymentincluding a specification of the amount of the payment and the date the paymentwill be made; or
(3) statement that the contractor will not proceedfurther toremedy the defect.
(h) If a claimant accepts a contractor's offermade pursuant tosubsection (g)(1) or (g)(2) and the contractor doesnot proceed toremedy the construction defect or make the monetary payment within the agreedtimetable, theclaimant may bring an action against the contractorwithout further notice.
(i) Ifthe contractor does not respond within the time period specified by subsection(g) ora claimant receives a written statement that the contractorwill not proceed further to remedy the defect, the claimant may bring an actionagainst thecontractor without further notice.
(j) If the claimant rejects the offer made by the contractortoeither remedy the construction defect or to make the monetary payment, theclaimant shall servewritten notice of the claimant's rejection on the contractor. After service ofthe rejection the claimant may bring anaction againstcontractorwithoutfurther notice.
(k) Any claimant accepting the offer of the contractor toremedy the construction defects shall do so by serving the contractorwith a written notice of acceptanceno later than 30 days after receipt of the offer.
(l) If a claimant accepts a contractor's offer torepair a defectdescribed in a notice of claim, the claimant shall provide thecontractorand its agents reasonable access to theclaimant's dwelling duringnormal working hours to perform and complete the construction by the timetablestated in theoffer.
(m) Absent good cause, the contractor's failure to respond ingood faith to the claimant's notice of claim shall preclude the contractorfrom asserting that the claimant did not comply with the provisions of thisact.
60-4704.Initial notice of claim; service; response;inspection proposal; settlement offer; offer to remedy; acceptance or rejectionof offer; failure to respond.(a) Before the filing of an action brought against a contractorarising out oftheconstruction of adwelling, the claimant shall servewritten initial notice ofclaim on the contractor. The initial notice of claim shall state that theclaimant asserts aconstruction defect claim and the notice of claim shall describe the claim orclaims in detailsufficient to determine the general nature of any alleged construction defects.
(b) Within 15 days after service of the notice of claim, thecontractor shall serve acopy of the notice to each subcontractor who may be responsiblefor a defectspecified in the notice and include with the notice the specific defect forwhich the contractorbelieves the subcontractor may be responsible.
(c) Within 30 days after service of the notice of claim by claimant, eachcontractor that has received such notice shall servea written responseon the claimant. The written response shall:
(1) Propose to inspect the dwelling that is the subject of the claim;
(2) offer to remedy the alleged construction defect at no cost to theclaimant including a description of the additional construction necessary toremedy the defect, a specification of the date when the contractor proposes tocommence the work and the date the work will be completed;
(3) offer to compromise and settle the claim by monetary payment withoutinspection including a specification of the amount of the payment and the datethe payment will be made; or
(4) state that the contractor disputes the claimand will neitherremedy the alleged construction defect nor compromise and settle the claim.
(d) If the contractor refuses service under subsection (a), disputes theclaim pursuantto subsection(c)(4), does not respond to the claimant's notice of claim within the timestated in subsection(c),does not commence or complete the work on the alleged construction defect onthe date specified in subsection (c)(2) or does not make the payment in thetime specified in subsection (c)(3),the claimant may bring an action against the contractorwithout further notice.
(e) If the claimant rejects the inspection proposal or the settlement offermade by thecontractor pursuant to subsection (c), the claimantshall serve writtennotice of the claimant's rejection on the contractor. After service of therejection, the claimant maybring an actionagainst the contractorwithout further notice. The claimant may alternatively elect anarbitrationprocess pursuant to K.S.A. 5-201 et. seq., and amendments thereto.Failure to give the notice required by this subsection shall not require thedismissal of the action under subsection (a) of K.S.A. 60-4702, andamendmentsthereto.
(f) If the claimant elects to allow the contractorto inspect thedwelling in accordance with the contractor'sproposal pursuant tosubsection (c)(1) the claimant shall notify the contractor andshall provide the contractorand itsagents access to the claimant's dwelling during normal working hoursto inspect thepremises and the claimed defect to determine the nature and cause of thealleged defects and thenature and extent of any repairs or replacements necessary to repair thealleged defects.Such inspection shall occur within 30 days of the claimant's notification tothe contractor under this section.
(g) Within 30 days following completion of the inspection, the contractorshall serve on the claimant a written:
(1) Offer to remedy the construction defect at no cost to the claimant,including a reportof the scope of the inspection, the findings and results of the inspection, adescription of theadditional construction necessary to remedy the defect,a specification of the date when the contractor proposes to commence the workand the date the work will be completed;
(2) offer to compromise and settle the claim by monetary paymentincluding a specification of the amount of the payment and the date the paymentwill be made; or
(3) statement that the contractor will not proceedfurther toremedy the defect.
(h) If a claimant accepts a contractor's offermade pursuant tosubsection (g)(1) or (g)(2) and the contractor doesnot proceed toremedy the construction defect or make the monetary payment within the agreedtimetable, theclaimant may bring an action against the contractorwithout further notice.
(i) Ifthe contractor does not respond within the time period specified by subsection(g) ora claimant receives a written statement that the contractorwill not proceed further to remedy the defect, the claimant may bring an actionagainst thecontractor without further notice.
(j) If the claimant rejects the offer made by the contractortoeither remedy the construction defect or to make the monetary payment, theclaimant shall servewritten notice of the claimant's rejection on the contractor. After service ofthe rejection the claimant may bring anaction againstcontractorwithoutfurther notice.
(k) Any claimant accepting the offer of the contractor toremedy the construction defects shall do so by serving the contractorwith a written notice of acceptanceno later than 30 days after receipt of the offer.
(l) If a claimant accepts a contractor's offer torepair a defectdescribed in a notice of claim, the claimant shall provide thecontractorand its agents reasonable access to theclaimant's dwelling duringnormal working hours to perform and complete the construction by the timetablestated in theoffer.
(m) Absent good cause, the contractor's failure to respond ingood faith to the claimant's notice of claim shall preclude the contractorfrom asserting that the claimant did not comply with the provisions of thisact.
