Or. Admin. Code § 734-010-0420

Current through Register Vol. 63, No. 10, October 1, 2024

Section 734-010-0420 - Waiver of Delay Damages Against Public Policy

Any clause in a Public Improvement Contract purporting to waive, release, or extinguish the rights of a Contractor to damages resulting from ODOT's unreasonable delay in performing the Contract is void and unenforceable, as against public policy. However, Contract provisions requiring notice of delay, providing for alternative dispute resolution such as arbitration or mediation, providing other procedures for settling Contract disputes, or providing for reasonable liquidated damages, are enforceable.

Renumbered from 731-007-0280 by DOT 1-2022, filed 1/13/2022, effective 1/13/2022

Statutory/Other Authority: ORS 184.616, 184.619, 279A.065 & 279A.050

Statutes/Other Implemented: ORS 279C.315