KansasSB 3352025–2026 Regular SessionSenateWALLET

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

Sponsored By: Tim Shallenburger (Republican)

Signed by Governor

commerce

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

New damage rules for public construction contracts

The law requires every public construction contract to include a mutual waiver of consequential damages, starting when it is published. Each side gives up claims for things like lost rent or use, lost income or profit, financing, reputation, and principal office costs. Contractors still keep claims for the job’s anticipated profit. The waiver also applies if the contract is terminated, and the parties may add more types of consequential losses to waive. The waiver does not block owner liquidated damages, a contractor’s extended general conditions, or either side’s direct delay damages unless limited elsewhere; any clause that waives delay damages is void. These rules replace older sections; this law controls over conflicting contract terms, and other rights in the act cannot be waived.

Sponsors & Cosponsors

Sponsor

  • Tim Shallenburger

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 199 • No: 70

Senate vote 4/23/2026

Yea: 84 Nay: 34

Yes: 84 • No: 34

Senate vote 4/23/2026

Yea: 78 Nay: 34

Yes: 78 • No: 34

Senate vote 4/23/2026

Yea: 37 Nay: 2

Yes: 37 • No: 2 • Other: 1

Actions Timeline

  1. Approved by Governor on Thursday, March 12, 2026

    3/12/2026Senate
  2. Enrolled and presented to Governor on Monday, March 9, 2026

    3/9/2026Senate
  3. Committee of the Whole - Motion to Amend - Offered by Representative Curtis

    3/5/2026House
  4. Representative King raised a question of germaneness. The amendment was ruled not germane.

    3/5/2026House
  5. Committee of the Whole - Ruling of the chair was sustained Yea: 78 Nay: 34

    3/5/2026House
  6. Committee of the Whole - Be passed

    3/5/2026House
  7. Emergency Final Action - Passed; Yea: 84 Nay: 34

    3/5/2026House
  8. Committee Report recommending bill be passed by Committee on Commerce, Labor and Economic Development

    3/4/2026House
  9. Hearing: Wednesday, February 25, 2026, 1:30 PM Room 346-S

    2/25/2026House
  10. Final Action - Passed; Yea: 37 Nay: 2

    2/18/2026Senate
  11. Received and Introduced

    2/18/2026House
  12. Referred to Committee on Commerce, Labor and Economic Development

    2/18/2026House
  13. Committee of the Whole - Be passed

    2/17/2026Senate
  14. Committee Report recommending bill be passed by Committee on Commerce

    2/11/2026Senate
  15. Hearing: Wednesday, February 4, 2026, 1:30 PM Room 159-S

    2/4/2026Senate
  16. Referred to Committee on Commerce

    1/16/2026Senate
  17. Introduced

    1/15/2026Senate

Bill Text

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