BY THE COURT
goal of the Kansas Fairness in Private Construction Contract
Act, K.S.A. 16-1801 et seq., is to encourage prompt payments
of undisputed amounts as they come due under the contracts of
Kansas Fairness in Private Construction Contract Act provides
incentives to the three tiers of a construction
any action to enforce the rights created by the Kansas
Fairness in Private Construction Contract Act, the court
shall award costs and reasonable attorney fees to the
prevailing party. K.S.A. 16-1806.
Ownership is the bundle of rights allowing one to use,
manage, and enjoy property, including the right to convey it
to others. Ownership implies the right to possess a thing,
regardless of any actual or constructive control. Ownership
rights are general, permanent, and heritable. A tenant under
a lease is not an owner as defined by the Kansas Fairness in
Private Construction Contract Act.
Short-term leases with options to buy are treated as leases,
rather than sales contracts.
a lease contains a stipulation that the renters shall have
the right to purchase the premises, if they shall so elect,
there is no completed sale. Renters do not acquire any estate
in the land beyond the leasehold interest until they have
elected to accept the offer and have paid or tendered the
purchase price stipulated in the contract.
from Johnson District Court; Kevin P. Moriarty, judge.
F. Freeman III, of Swanson Bernard, LLC, of Kansas City,
Missouri, for appellant.
Frederick G. Thompson IV, of Gould, Thompson & Bucher,
PC, of Kansas City, Missouri, for appellee A. Arnold of
Kansas City, LLC.
Hill, P.J., Leben, J., and Walker, S.J.
Systems, Inc., appeals the district court's denial of its
request for prejudgment interest and attorney fees from A.
Arnold of Kansas City, LLC. Because the court found A. Arnold
was not an "owner" as defined by the Kansas
Fairness in Private Construction Contract Act, K.S.A. 16-1801
et seq., it denied Drywall's request. We agree with the
district court-under the plain language of the Act, A. Arnold
is not an "owner" and was thus not legally obliged
to pay interest and attorney fees under this Act. Simply put,
the Act did not apply here. We affirm.
company rents part of a building in Olathe.
moving and storage company, A. Arnold, entered into a
five-year lease for a part of a building in Olathe owned by
BMJ Building Management LLC. When the lease was signed there
were tenants already using other parts of the building. For
that reason, A. Arnold needed a partition wall built before
it could move into the building. The company needed its space