Kansas Account Stated for Construction Work

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An account stated is a statement between a creditor (the person to whom money is owed) and a debtor (the person who owes) based upon a series of prior transactions that a particular amount is owed to the creditor as of a certain date.

Kansas Account Stated for Construction Work refers to a legal concept that is specific to the state of Kansas and is applicable to the construction industry. It involves a contractual relationship between a contractor and a client where the contractor submits a detailed invoice or statement for construction work completed, and the client acknowledges and agrees to the amount stated on the invoice. The purpose of Kansas Account Stated for Construction Work is to establish a legally binding agreement between the contractor and the client regarding the amount owed for completed construction work. This concept is essential to ensure accurate and timely payment for the contractor's services. There are two types of Kansas Account Stated for Construction Work: 1. Express Account Stated: This type occurs when the contractor explicitly provides a detailed statement or invoice to the client, and the client explicitly confirms or acknowledges the statement's accuracy and agrees to pay the amount stated. This confirmation can be done through various means, such as a written communication, email, or even through the client's conduct, like making partial payments based on the stated amount. 2. Implied Account Stated: In this type, rather than explicit confirmation of the statement, the client's conduct implies agreement to the amount stated. This can happen when the client receives the invoice or statement without objection and proceeds with making payments accordingly, even if there is no explicit acknowledgment of the amount stated. It is important to note that some courts may require additional evidence to establish an implied account stated, as it relies on the client's behavior to infer agreement. Both types of Kansas Account Stated for Construction Work serve as a basis for legal recourse in case of disputes over payment. In the event of non-payment, the contractor can rely on the account stated relationship to bring a legal action against the client for the amount owed. Likewise, the client can also use the account stated relationship as a defense against any claims made by the contractor, ensuring that the agreed-upon amount is upheld. To summarize, a Kansas Account Stated for Construction Work refers to the contractual relationship established between a contractor and a client regarding the accurate and timely payment for completed construction work. It can be expressed explicitly or implied through the client's conduct. This concept serves as a legal basis for payment disputes resolution in Kansas.

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FAQ

Services performed to install or apply tangible personal property are exempt from sales tax when the services involve the original construction, reconstruction, restoration, remodeling, renovation, repair or replacement of a residence.

Nontaxable types of labor repairReplacing a broken water pump on a customer's used car. Replacing a hard drive in a used computer. Restoring a damaged painting. Altering a customer's used suit to fit better.

A contractor must file a lien statement within four months of the last day that labor and/or material was provided. A subcontractor must also file a lien statement, but must serve a copy of the statement on the owner within three months of the last date of furnishing of labor and/or materials.

GENERAL RULE: MATERIALS ARE TAXABLE All contractors (whether contractors or contractor-retailers) are considered to be the final user or consumer of the materials they install for others, and must pay Kansas sales or use tax on them.

Kansas imposes a 6.5 percent (effective July 1, 2015) percent state retailers' sales tax, plus applicable local taxes on the: Retail sale, rental or lease of tangible personal property; Labor services to install, apply, repair, service, alter, or maintain tangible personal property, and.

GENERAL RULE: MATERIALS ARE TAXABLE All contractors (whether contractors or contractor-retailers) are considered to be the final user or consumer of the materials they install for others, and must pay Kansas sales or use tax on them.

Record the Kansas mechanics lienRecording a mechanics lien is done in the office of the district court in the county where the property is located. You may mail your mechanics lien documents to the district court or visit the court and file the Kansas mechanics lien in person.

The deadline to file a Kansas mechanics lien is generally 34 months. A general contractor has 4 months from the date in which services or materials were last provided on a project.

Does Kansas limit the amount of retainage that can be withheld from a contractor? Retainage is generally limited to no more than 5%, unless the owner or contractor determines a higher rate is required to ensure performance. The higher rate may not exceed 10%.

WHAT PURCHASES ARE EXEMPT? Only goods or merchandise intended for resale (inventory) are exempt. Tools, equipment, fixtures, supplies, and other items purchased for business or personal use are TAXABLE since the buyer is the final consumer of the property.

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Kansas Account Stated for Construction Work