Oregon Statutes 279C.315 – Waiver of damages for unreasonable delay by contracting agency against public policy
Current as of: 2023 | Check for updates
|
Other versions
(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.
Terms Used In Oregon Statutes 279C.315
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(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]