Oregon Administrative Rules
Chapter 137 - DEPARTMENT OF JUSTICE
Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES
Section 137-049-0810 - Waiver of Delay Damages Against Public Policy
Universal Citation: OR Admin Rules 137-049-0810
Current through Register Vol. 63, No. 3, March 1, 2024
Contracting Agencies shall not place any provision in a Public Improvement Contract purporting to waive, release, or extinguish the rights of a Contractor to damages resulting from a Contracting Agency's unreasonable delay in performing the Contract. However, Contract provisions requiring notice of delay, providing for alternative dispute resolution such as arbitration (where allowable) or mediation, providing other procedures for settling contract disputes, or providing for reasonable liquidated damages, are permissible.
Stat. Auth.: ORS 279A.065
Stats. Implemented: ORS 279C.315
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