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.

Statutory/Other Authority

ORS 184.616, 184.619, 279A.065 & 279A.050

Statutes/Other Implemented

ORS 279C.315

History

DOT 1-2022, renumbered from 731-007-0280, filed 01/13/2022, effective 01/13/2022
DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05