Experienced Kansas City Construction Law Firm

Contract disputes and Kansas state law

On Behalf of | Feb 19, 2015 | Contract Disputes

Kansas contracts exist for the protection of the involved parties. In the case of construction, this is particularly important because of the additional safety issues a potential contract violation may cause. Generally, contract law addresses a number of possible scenarios in which one party may fail in their duty to others, including financial, safety and workmanship matters, and prescribes what relief the parties to the contract may seek.

The type of contract remedies available depend on the type of breach. It also places a number of limitations on what types, degrees and amounts of damages may be claimed because of the breach. Emotional distress is generally not deemed a valid consideration unless it is the direct result of physical injury stemming from failure to abide by the contract terms, for example. Indemnity is also limited under state law unless an appropriate controlling clause has been ratified in the contract prior.

Kansas contract law concerns itself with actual and reasonable financial losses stemming from breach of contract; economic loss, such as damage to the reputation of a contractor or owner; warranties and strict liability. It also stipulates the types of actions and arguments that may be brought in a variety of scenarios, using existing case law and state statutes.

In a case regarding disputed contracts, an attorney might begin by examining the original documents and reports from the work site to determine the degree and type of breach that may have occurred. The attorney may then attempt to negotiate a settlement for reasonable damages arising from the breach consistent with state law. If the settlement is rejected, the attorney may proceed to trial.