(1) Any clause in a public improvement contract that purports to waive, release or extinguish the rights of a contractor to damages or an equitable adjustment arising out of unreasonable delay in performing the contract, if the delay is caused by acts or omissions of the contracting agency or persons acting therefor, is against public policy and is void and unenforceable.
(2) Subsection (1) of this section is not intended to render void any contract provision that:
(a) Requires notice of any delay;
(b) Provides for arbitration or other procedures for settlement of contract disputes; or
(c) Provides for reasonable liquidated damages. [2003 c.794 §100]Section: Previous 279C.110 279C.115 279C.120 279C.125 279C.300 279C.305 279C.310 279C.315 279C.320 279C.325 279C.330 279C.335 279C.340 279C.345 279C.350 Next
Last modified: August 7, 2008