34.058. Public works contract, defined--certain contract clauses against public policy--exceptions. - Missouri Statutes

Public works contract, defined--certain contract clauses againstpublic policy--exceptions.

34.058. 1. As used in this section, the term "publicworks contract" means a contract of the state, county, city andother political subdivisions of the state, except the Missouritransportation department, for the construction,alteration, repair, or maintenance of any building, structure,highway, bridge, viaduct, pipeline, public works, or any otherworks dealing with construction, which shall include, but neednot be limited to, moving, demolition, or excavation performedin conjunction with such work.

2. Any clause in a public works contract that purports towaive, release, or extinguish the rights of a contractor torecover costs or damages, or obtain an equitable adjustment, fordelays in performing such contract, if such delay is caused inwhole, or in part, by acts or omissions within the control ofthe contracting public entity or persons acting on behalfthereof, is against public policy and is void and unenforceable.

3. Subsection 2 of this section is not intended to rendervoid any contract provision of a public works contract that:

(1) Precludes a contractor from recovering that portion ofdelay costs caused by the acts or omissions of the contractor orits agents;

(2) Requires notice of any delay by the party responsiblefor such delay;

(3) Provides for reasonable liquidated damages; or

(4) Provides for arbitration or any other proceduredesigned to settle contract disputes.

(L. 1990 S.B. 808 & 672 § 2)