ND HB1069

Agencies may limit contractor liability to the state if approved in writing by the attorney general and director of the office of management and budget, but only when such services cannot be effectively obtained without the limitation and the limitation does not pose significant risk of loss to the state.

Liability limitations are restricted to contracts for purchase, lease, or services related to software, communication, electronic equipment, and economic forecasting, and may only limit recovery of indirect consequential damages.

Direct losses to the state and losses resulting from property damage or personal injury cannot be limited under any contract.

The risk management fund director may approve the fund to assume all or part of uninsured contractor liability in excess of the limitation amount.

Employees or officials who entered contracts prior to March 17, 2005 without first consulting with the office of management and budget and attorney general are deemed to be acting within their employment scope if the contract is later approved and ratified by both offices.