41-2617. Contracts for procurement of
construction; delay; recovery of damages by contractor
A contract for the procurement of construction shall include a provision which
provides for negotiations between the state governmental unit and the contractor for the
recovery of damages related to expenses incurred by the contractor for a delay for which
the state governmental unit is responsible, which is unreasonable under the circumstances
and which was not within the contemplation of the parties to the contract. This section
shall not be construed to void any provision in the contract which requires notice of
delays, provides for arbitration or other procedure for settlement or provides for
liquidated damages.
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