A construction defect is generally a deficiency in the design or construction of a building due to the failure to design or construct the building in a reasonably workmanlike manner (the minimally acceptable industry standard), or according to the owner’s reasonable expectation.
In Kansas, a construction defect is recognized as a deficiency in the design, materials, or workmanship of a building that fails to meet the reasonable standards of the construction industry or the expectations of the property owner. Kansas follows the 'implied warranty of habitability,' which means that residential builders are generally expected to construct homes that are suitable for living without significant defects. For commercial construction, the Kansas Statute of Repose provides that legal action for construction defects must be brought within 10 years after the project is completed. Additionally, Kansas courts may apply the 'economic loss doctrine,' which limits the recovery of damages in certain cases to contractual remedies, rather than tort claims, when the defect results in economic loss without bodily injury or property damage. It is important for property owners to act promptly and consult with an attorney if they suspect construction defects to ensure their rights are protected within the applicable legal time frames.