34-254. Civil damages; limitation
A. Any governmental agency entering into a contract which is or was the subject of
a contract, combination, conspiracy or other act prohibited by title 44, chapter 10,
article 1 has a right of action against the parties to the contract, combination,
conspiracy or other act to recover damages as provided in this section. The governmental
agency may proceed jointly or severally in a civil action against any one or more of the
parties for recovery of the full amount of the damages. There is no right to
contribution among parties not named as defendants by the governmental agency.
B. At the election of the governmental agency, the agency may recover either the
actual damages trebled or ten per cent of the contract price trebled and as determined by
the court taxable costs, reasonable attorney's fees and expenses.
C. The cause of action accrues at the time of discovery by the governmental agency
of the unlawful contract, combination, conspiracy or other unlawful act. The agency
shall bring the action within four years of the date of accrual of the cause of action.
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