Colorado § 24-91-103.5 - Public entity - contracts - delay clauses - definition.
Full text of Colorado Colorado Revised Statutes § 24-91-103.5 — Public entity - contracts - delay clauses - definition., with citation guidance and answers to common questions.
§ 24-91-103.5. Public entity - contracts - delay clauses - definition.
(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.
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.
Cross references: For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 24-91-103.5
What does Colorado Revised Statutes § 24-91-103.5 cover?
Section 24-91-103.5 ("Public entity - contracts - delay clauses - definition.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 24-91-103.5?
A common citation format is "Colorado Revised Statutes § 24-91-103.5" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 24-91-103.5 apply to my situation?
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Sources & Verification
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