Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor and the County‘s project manager as specified in Article 25. Notices by way of the following process, such matter shall be brought to the attention of the County DPA by way of the following process:
i. The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Contract Disputes. A. In the event of a dispute between the Parties as to performance of the Work, the interpretation of this Contract, or payment or nonpayment for Work performed, the parties shall attempt to resolve the dispute. Pending resolution of the dispute, the Contractor shall continue the Work diligently to completion as directed by OC Public Works. If the dispute is not resolved, the Contractor agrees he will neither rescind this Contract nor stop the progress of the Work.
B. For this section a “claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: a time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project; payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled; payment of an amount that is disputed by the public entity. Pursuant to Public Contract Code Section 9204:
Contract Disputes. California Public Contract Code Section 9204 establishes a claim resolution process applicable to any claim by a contractor related to a public works project. Section 9204 requires that the code section be placed in the public works project contract or summarized. It is set forth in whole, below. For all Public works claims, Owner and Contractor shall follow the steps set forth below.
a. The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
b. Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
c. For purposes of this section:
Contract Disputes. This Agreement shall be deemed to have been executed in Xxxxxx County, Georgia, and all questions of interpretation and construction shall be governed by the Laws of the State of Georgia.
Contract Disputes. This CONTRACT shall be deemed to have been executed in Xxxxx County, Mississippi, and all questions including but not limited to questions of interpretation, construction and performance shall be governed by the laws of the State of Mississippi, excluding its conflicts of laws provisions, and any litigation with respect to this CONTRACT shall be brought in a court of competent jurisdiction in Xxxxx County, State of Mississippi. The CONSULTANT expressly agrees that under no circumstances shall the COMMISSION be obligated to or responsible for payment of an attorney’s fee for the cost of legal action to or on behalf of the CONSULTANT.
Contract Disputes. Disputes arising under the contract shall be resolved in accordance with the dispute resolution process provided in Texas Government Code Chapter 2260.
Contract Disputes. 28
3.4.1. Procedure for Bringing Disputes to the Department 28 3.4.2. Procedure for Bringing Disputes before the CPO 29 3.5.1. Events of Default 29 3.5.2. Cure or Default Notice 30 3.5.3. Remedies 30 3.5.4. Non-Exclusivity of Remedies 31 3.5.5. City Reservation of Rights 31 3.5.6. Early Termination 31
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by Contractor’s Project Manager and County’s Project Manager, such matter shall be brought to the attention of County Purchasing Agent by way of the following process:
Contract Disputes. Article 10.1. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by mediation prior to the filing of any litigation. Such mediation generally shall be conducted in accordance with the Wyoming Rules of Civil Procedure regarding alternative dispute resolution, W.R.C.P. 40 (b) (2019), with the Parties mutually agreeing upon the person to serve as a mediator.
Article 10.2. For any claim subject to but not resolved by mediation, the method of binding dispute resolution shall be litigation in a court of competent jurisdiction.
Article 10.3. If any litigation is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which it may be entitled.
Contract Disputes. Except as provided herein, the Contract is not subject to arbitration. The Contracting Administrator, who will put his or her decision in writing and serve a copy on the Contractor, will decide any dispute concerning performance of this Contract. The Contracting Administrator’s decision will be final unless within ten (10) days of the mailing of the decision the Contractor files with the Director of the Department a written request to review the decision, which identifies all issues being disputed. The Director, or his designee, who may be the Medicaid Director, shall review the Contractor’s request to review the Contract Administrator’s decision and issue a written decision within ten (10) days of receipt of the review request. The decision of the Director shall be final for purposes of Iowa Code Chapter 17A. Pending final determination of any dispute, the Contractor will proceed diligently with the performance of this Contract and in accordance with the Contract Administrator’s direction. The Contractor’s failure to follow the procedure set out above will be deemed waiver of the Contractor’s claim.
