Session of 1999
SENATE BILL No. 211
By Committee on Federal and State Affairs
9 AN ACT concerning public works contractors; relating to damages for
10 delays in performance of work.
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. (a) As used in this section:
14 (1) "Public agency" means: (A) The state or a state agency, except
15 the department of transportation; or (B) any political subdivision of the
17 (2) "Public works contract" means a contract entered into by a public
18 agency for the construction, alteration, repair or maintenance of any
19 building, structure, highway, bridge, viaduct, pipeline, public works or
20 any other works dealing with construction, which includes, but shall not
21 be limited to, moving, demolition or excavation performed in conjunction
22 with such work.
23 (b) Subject to the provisions of subsection (c), any clause in a public
24 works contract that waives, releases or extinguishes the rights of a con-
25 tractor to recover costs or damages or obtain an equitable adjustment for
26 delays in performing such contract, if such delay is caused in whole, or
27 in part, by acts or omissions within the control of the public agency or
28 persons acting on behalf thereof, is against public policy and is void and
30 (c) The provisions of subsection (b) shall not render void any provi-
31 sion of a public works contract that:
32 (1) Precludes a contractor from recovering that portion of costs of
33 delay caused by the acts or omissions of the contractor or its agents;
34 (2) requires notice of any delay by the party responsible for such
36 (3) provides for reasonable liquidated damages; or
37 (4) provides for arbitration or any other procedure designed to settle
38 contract disputes.
39 Sec. 2. This act shall take effect and be in force from and after its
40 publication in the statute book.