Session of 1999
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
16       state.
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
29       unenforceable.
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
35       delay;
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.