Chair Alley opened the hearing on SB 335.
Staff provided a brief overview of the bill. (Attachment 1)
Proponents:
Senator Tim Shallenburger introduced Gina Atteberry, General Counsel for Crossland Construction Company, Inc. to the committee.
Ms. Atteberry stated the bill will require public construction contracts to include a mutual waiver of consequential damages. (Attachment 2) Both parties - contractors and owners - benefit from its inclusion as they work to build projects thoughtfully and efficiently, at the best value for the State, and urged the committee to advance this important measure for the benefit of all Kansans.
Mike Gibson, Senior Executive Vice President, Associated General Contractors of Kansas, spoke in favor of the bill. (Attachment 3) The bill promotes fairness and efficiency in public construction contracting by standardizing the allocation of risk.
Eric Stafford, Vice President of Government Affairs, Kansas Chamber, appeared in support of the bill. (Attachment 4)The bill requires public construction contracts to include a mutual waiver of consequential damages.
Monica Donatelli, VP Surety, IMA, Inc. testified to advocate the continued use of Mutual Waivers of Consequential Damages in state construction contracts. (Attachment 5) These waivers are a vital tool for protecting taxpayer interests, ensuring fair competition, and maintaining the financial health of Kansas contractors.
Opponents:
John Goodyear, General Counsel, League of Kansas Municipalities, spoke in opposition to the bill. (Attachment 6) The League opposes the bill because it unnecessarily restricts the freedom of contract by prohibiting parties from negotiating consequential damages provision that reflect the unique risks, responsibilities, and circumstances of a construction project.
Written testimony opposing the bill from:
Amanda Stanley, General Counsel, City of Olathe (Attachment 7)
City of Wichita (Attachment 8)
City of Overland Park (Attachment 9)
Chair Alley closed the hearing on SB 335.
The next meeting will be February 5, 2026. The meeting was adjourned at 2:15 pm.