Colorado § 24-91-103.5 Public entity - contracts - delay clauses - definition

Colorado Statutes

§ 24-91-103.5 — Public entity - contracts - delay clauses - definition

Colorado § 24-91-103.5

Title 24Government

Art.Construction Contracts with Public Entities

This text of Colorado § 24-91-103.5 (Public entity - contracts - delay clauses - definition) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 24-91-103.5 (2026).

Text

(1)(a) Any clause in a public works contract that purports to waive, release, or extinguish the rights of a contractor to recover costs or damages, or obtain an equitable adjustment, for delays in performing such contract, if such delay is caused in whole, or in part, by acts or omissions within the control of the contracting public entity or persons acting on behalf thereof, is against public policy and is void and unenforceable.

(b)As used in this subsection (1), public works contract means a contract of the state, county, city and county, city, town, school district, special district, or any other political subdivision of the state for the construction, alteration, repair, or maintenance of any building, structure, highway, bridge, viaduct, pipeline, public works, real pro

Free access — add to your briefcase to read the full text and ask questions with AI

(1) (a)
Any clause in a public works contract that purports to waive, release, or extinguish
the rights of a contractor to recover costs or damages, or obtain an equitable
adjustment, for delays in performing such contract, if such delay is caused in whole,
or in part, by acts or omissions within the control of the contracting public entity or
persons acting on behalf thereof, is against public policy and is void and
unenforceable.

(b) As used in this subsection (1), public works contract means a contract of
the state, county, city and county, city, town, school district, special district, or any
other political subdivision of the state for the construction, alteration, repair, or
maintenance of any building, structure, highway, bridge, viaduct, pipeline, public
works, real property as defined in section 24-30-1301 (15), or any other work dealing
with construction, which includes, but need not be limited to, moving, demolition, or
excavation performed in conjunction with such work.

(2) Subsection (1) of this section is not intended to render void any contract
provision of a public works contract that:

(a) Precludes a contractor from recovering that portion of delay costs
caused by the acts or omissions of the contractor or its agents;

(b) Requires notice of any delay by the party responsible for such delay;

(c) Provides for reasonable liquidated damages;

(d) Provides for arbitration or any other procedure designed to settle
contract disputes.

Legislative History

Source: L. 89: Entire section added, p. 1142, � 2, effective April 10. L. 2014: (1)(b) amended, (HB 14-1387), ch. 378, p. 1851, � 59, effective June 6.