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Kansas Statute 16-1907

KansasMiller Act

16-1907: Provisions Waiving Rights to Collect Damages for Delays, Void, Unenforceable -- Does this statute apply to a contractor working for the Federal Government (Dept of Veterans Affairs)> Can the Federal Government hold this against the contractor?

1 reply

Sep 24, 2019
Kansas Statute 16-1907 is part of the Kansas fairness in public construction contract act. This act governs aspects of construction projects in Kansas when the original contracting party is a "public entity" which is defined as "the state of Kansas, political subdivisions, cities, counties, state universities or colleges, school districts, all special districts, joint agreement entities, public authorities, public trusts, nonprofit corporations and other organizations which are operated with public money for the public good." Federal construction projects are governed by different law. "No damage for delay" clauses are not specifically statutorily prohibited on federal projects. And, in fact, they have even been enforced in some states that otherwise have strong public policy against the enforcement and applicability of no damage for delay clauses. The applicability of such a clause in a contract either between a contractor and a federal entity, or between private parties on a federal job would require looking closely at the contractual clause itself, but there is no overriding prohibition against such clauses on federal construction projects.
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