California Codes

Cal. Public Contract Code § 7102 (2026)

✓ current as of May 2026

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Contract provisions in construction contracts of public agencies and subcontracts thereunder which limit the contractee’s liability to an extension of time for delay for which the contractee is responsible and which delay is unreasonable under the circumstances involved, and not within the contemplation of the parties, shall not be construed to preclude the recovery of damages by the contractor or subcontractor.

No public agency may require the waiver, alteration, or limitation of the applicability of this section. Any such waiver, alteration, or limitation is void. This section shall not be construed to void any provision in a construction contract which requires notice of delays, provides for arbitration or other procedure for settlement, or provides for liquidated damages.

Notes of Decisions

Cited in 1 case, 1999–1999 · leading case: Howard Contracting, Inc. v. G.A. MacDonald Constr. Co., 83 Cal. Rptr. 2d 590 (Cal. Ct. App. 1999).

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Howard Contracting, Inc. v. G.A. MacDonald Constr. Co., 83 Cal. Rptr. 2d 590 (Cal. Ct. App. 1999). · cites it 2× “Public Contract Code section 7102 permits a contractor to recover delay damages, provided the “delay is unreasonable .”

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