(Feb. 25, 2026) – Today, the House Commerce Committee held a hearing on Senate Bill 335, which requires public construction contracts to include a mutual waiver of consequential damages. The committee heard from the following:

Proponents:

• Crossland Construction discussed issues with public entities in contracting that they do not see in other states, highlighted how these issues increase construction bid costs, and gave an example of a local theater construction project where the marquee had a problem and the theater sued for lost profits..
• Eric Stafford, Kansas Chamber
• Michael White, Kansas Contractors Association
• Mike Gibson, Association of General Contractors – written testimony

Neutral:

• Jordan Brewer, Kansas Department of Administration

Opponents:

• Spencer Duncan suggested that the state get involved in city negotiations and limit those. He suggested possible amendments defining consequential damages or potentially adding a sunset.

The committee will meet again throughout the week.