Administrative Settlement of Claims (excluding Dispute Review Board Recommendations Sample Clauses

Administrative Settlement of Claims (excluding Dispute Review Board Recommendations. All CMOs on FHWA oversight projects requiring FHWA approval follow the procedure below. The following bullet points describe the general process that should be followed for CMO approval.  When a major CMO is required on a FHWA Full-oversight project, the CDOT Project Engineer notifies the applicable Operations Engineer (OE) as soon as possible of the proposed change prior to the work commencing. This is to start the early coordination between FHWA and CDOT. Upon notification, the OE will determine the appropriate level of FHWA involvement. If the change is determined to be a Major CMO, the following process applies.  The CDOT Project Engineer will submit to the OE an electronic draft of the CMO  (CDOT Form 90 in Construction Manual Appendix A) and draft of the Letter of Explanation ( see section 120.7.7 of the Construction Manual), which includes a detailed description of the work, location of change, description of materials, construction requirements, method of measurement, and basis of payment including any contract time extensions, etc.  The OE will review the CMO and supporting documentation in accordance with the “Evaluation of Change Orders” section of the FHWA procedures.  The OE will notify CDOT of any needed additional information, or provide comments to CDOT within 5 business days. The OE shall verify that all pertinent information relating to the CMO, along with an independent cost analysis (as described in section 120.7.6.2 of the Construction Manual), is included in the submittal. The method and degree of analysis can vary by project, but it must support the final compensation determination.  The OE will not provide prior approval, but will discuss the CMO with CDOT so that they may prepare the final CDOT Form 90 (Appendix A) and gather necessary CDOT signatures  The CDOT Project Engineer will submit a final Form 90 to the OE for approval.  The OE, through signature of CDOT Form 90 will provide formal approval of the CMO. The OE should receive the CDOT Form 90 and all attachments before the contractor performs any of the work. If the work is emergency work that must begin with the written notice from the PE (i.e. via 105), the PE shall contact the FHWA Operations Engineer and their Area Engineer prior to beginning such work. The Form 90 can be submitted as a pdf for FHWA signature.  The OE will sign the Form 90 and return the form 90 with the original signature to the CDOT Project Engineer within 5 business days of receipt.  When ti...
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Related to Administrative Settlement of Claims (excluding Dispute Review Board Recommendations

  • Claims Excluded from Arbitration The following matters will not be subject to arbitration but will instead be adjudicated in the courts of Xxxxxx County, Texas or such other court in which jurisdiction and venue are proper: (a) an action for possession or for injunctive remedies provided under applicable landlord-tenant laws or to enforce intellectual property rights; (b) a suit by Owner or its assignee for collection of amounts owed by Resident under this Agreement; and (c) any claim or dispute for which applicable law (as determined by a binding court decision) or the applicable arbitration rules do not permit arbitration and require adjudication in a specific civil court. Matters within the jurisdiction of an applicable small claims court may also be brought in that court in lieu of arbitration.

  • Dispute Settlement Procedures (1) If a dispute relates to:

  • Consultations and Dispute Settlement 1. The provisions of Articles XXII and XXIII of GATT 1994 as elaborated and applied by the Dispute Settlement Understanding shall apply to consultations and the settlement of disputes under this Agreement, except as otherwise specifically provided herein.

  • Non-Application of Dispute Settlement No Party shall have recourse to dispute settlement under Chapter 28 (Dispute Settlement) for any matter arising under this Chapter.

  • Alternative Dispute Resolution Limitations This is a requirement of the TIPS Contract and is non-negotiable. TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. 5 Does Vendor agree? Yes, Vendor agrees

  • DISPUTE SETTLEMENT PROCEDURE A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter should be dealt with as close to its source as possible. Disputes over matters arising from this agreement shall be dealt with according to the following procedure. An employee or the union delegate or site xxxxxxx or Enterprise should initially submit any work related grievance and/or industrial matter to the site foreperson, supervisor or other appropriate site representative of the company or appropriate site union representative as relevant. If the matter remains unresolved the union delegate or site xxxxxxx may then submit the matter to the appropriate senior management person. Where relevant the Enterprise may submit the matter to a union official. If still not resolved the delegate or site xxxxxxx shall refer the matter to an appropriate official of the union, who shall discuss the matter with the nominated representative of the Enterprise. If still not resolved there may be discussions between the state secretary and senior management representative. Whilst the above procedures are being followed work should continue as normal. This procedure is to be followed in good faith and without unreasonable delay by any party. Should the matter remain unresolved and where the issue is within the jurisdiction of the Victorian Building Industry Disputes Board (“the Board”), either of the parties shall refer the dispute at first instance to the Board (which shall deal with the dispute in accordance with VBIA procedures and, where required, determine issues of jurisdiction). The Board’s decision will be accepted by all parties subject to the right of either party to refer the dispute to the Australian Industrial Relations Commission for conciliation and if required arbitration. The Commission’s decision will be accepted by all parties subject to legal rights of appeal. This dispute settlement procedure does not apply to health and safety issues or issues of industry, state or national significance.

  • Arbitration Decisions Unless otherwise agreed by the Parties, the arbitrator(s) shall render a decision within ninety (90) Calendar Days of appointment and shall notify the Parties in writing of such decision and the reasons therefor. The arbitrator(s) shall be authorized only to interpret and apply the provisions of this LGIA and shall have no power to modify or change any provision of this Agreement in any manner. The decision of the arbitrator(s) shall be final and binding upon the Parties, and judgment on the award may be entered in any court having jurisdiction. The decision of the arbitrator(s) may be appealed solely on the grounds that the conduct of the arbitrator(s), or the decision itself, violated the standards set forth in the Federal Arbitration Act or the Administrative Dispute Resolution Act. The final decision of the arbitrator(s) must also be filed with FERC if it affects jurisdictional rates, terms and conditions of service, Interconnection Facilities, or Network Upgrades.

  • Claims Review Findings a. Narrative Results.‌‌

  • DISPUTES SETTLEMENT PROCEDURE 9.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter (including a dispute about whether a workplace right has been breached) or any matters arising out of the operation of the Agreement or incidental to the operation of the Agreement should be dealt with as close to its source as possible. Disputes over matters arising from this Agreement (or any other dispute related to the employment relationship or the NES, including subsections 65(5) or 76(4) of the Fair Work Act) shall be dealt with according to the following procedure.

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