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2019 Oregon Revised Statutes
Volume : 07 - Public Facilities and Finance
Chapter 279C - Public Contracting - Public Improvements and Related Contracts
Section 279C.315 - Waiver of damages for unreasonable delay by contracting agency against public policy.
Universal Citation: OR Rev Stat § 279C.315 (2019)
(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]
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