Design defects; exempting contractor from liability in certain cases

68-419a. Design defects; exempting contractor from liability in certain cases. (a) Whenever any public officer, as defined by K.S.A. 75-4301, shall enter into a contract on behalf of the state or any agency or instrumentality thereof for the construction of any highway or turnpike, in accordance with the laws of this state, the contractor shall not be liable for damages arising out of design defects involving the construction of such highway or turnpike resulting in injury to persons or damage to property, occurring after completion of the contract, and acceptance thereof by such public officer, if the contractor has complied with all contractual provisions and specifications imposed by state and federal agencies with respect to such highway or turnpike. Nothing contained in this section shall be construed as abrogating, limiting or otherwise affecting any cause of action accruing to the state or any agency or instrumentality thereof which was a party to such contract. History: L. 1974, ch. 269, § 1; July 1. Cross References to Related Sections: Turnpike projects, see 68-2002, 68-2030, 68-2052, 68-2071, 68-2094. CASE ANNOTATIONS 1. Contractor is immune from liability for design defects if contractor complied with contract provisions and work was accepted by public agency. Rodarte v. Kansas Dept. of Transportation, 30 Kan. App. 2d 172, 39 P.3d 675 (2002). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026