Arizona Revised Statutes

Ariz. Rev. Stat. § 41-2617 (2026)

Contracts for procurement of construction; delay; recovery of damages by contractor

✓ current as of May 2026

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A contract for the procurement of construction shall include a provision which provides for negotiations between the state governmental unit and the contractor for the recovery of damages related to expenses incurred by the contractor for a delay for which the state governmental unit is responsible, which is unreasonable under the circumstances and which was not within the contemplation of the parties to the contract. This section shall not be construed to void any provision in the contract which requires notice of delays, provides for arbitration or other procedure for settlement or provides for liquidated damages.

Notes of Decisions

Cited in 3 cases, 1992–1994 · leading case: Canon Sch. Dist. No. 50 v. W.E.S. Constr. Co., 869 P.2d 500 (Ariz. 1994).

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Canon Sch. Dist. No. 50 v. W.E.S. Constr. Co., 869 P.2d 500 (Ariz. 1994). · cites it 5× “As evidence of the Legislature’s intent, the court of appeals primarily relied upon similarities between § 15-213(D) and § 41-2617, 3 a similar statute in the general state procurement code.”

Canon Sch. Dist. 50 v. Wes Const., 848 P.2d 848 (Ariz. Ct. App. 1992). · cites it 4× “The source of § 15-213(D), the school procurement provision, is A.R.S. § 41-2617 of the general state procurement code.”

Canon Sch. Dist. No. 50 v. W.E.S. Constr. Co., 848 P.2d 848 (Ariz. Ct. App. 1992). · cites it 4× “The source of § 15-213(D), the school procurement provision, is A.R.S. § 41-2617 of the general state procurement code.”

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