Contractual Disputes. A. Contractual claims, whether for money or other relief, shall be submitted in writing no later than 60 days after final payment. However, written notice of the contractor's intention to file a claim shall be given at the time of the occurrence or beginning of the work upon which the claim is based. Nothing herein shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pendency of claims shall not delay payment of amounts agreed due in the final payment. B. The Institution shall include in its contracts a procedure for consideration of contractual claims. Such procedure, which may be contained in the contract or may be specifically incorporated into the contract by reference and made available to the contractor, shall establish a time limit for a final decision in writing by the Institution. If the Institution has established administrative procedures meeting the standards of § 55 of these rules, such procedures shall be contained in the contract or specifically incorporated in the contract by reference and made available to the contractor. The Institution may require the submission of contractual claims pursuant to any contract to Alternative Dispute Resolution (ADR) as an administrative procedure. C. A contractor may not invoke administrative procedures meeting the standards of § 55 of these rules, if available, or institute legal action as provided in § 54 of these rules, prior to receipt of the Institution's decision on the claim, unless the Institution fails to render such decision within the time specified in the contract. D. The decision of the Institution shall be final and conclusive unless the contractor appeals within six months of the date of the final decision on the claim by the Institution by invoking administrative procedures meeting the standards of § 55 of these rules, if available, or in the alternative by instituting legal action as provided in § 54 of these rules.
Appears in 5 contracts
Samples: Management Agreement, Management Agreement, Management Agreement
Contractual Disputes. A. Contractual claims, whether for money or other relief, shall be submitted in writing no later than 60 days after final payment. However, written notice of the contractor's intention to file a claim shall be given at the time of the occurrence or beginning of the work upon which the claim is based. Nothing herein shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pendency of claims shall not delay payment of amounts agreed due in the final payment.
B. The Institution shall include in its contracts a procedure for consideration of contractual claims. Such procedure, which may be contained in the contract or may be specifically incorporated into the contract by reference and made available to the contractor, shall establish a time limit for a final decision in writing by the Institution. If the Institution has established administrative procedures meeting the standards of § 55 of these rulesRules, such procedures shall be contained in the contract or specifically incorporated in the contract by reference and made available to the contractor. The Institution may require the submission of contractual claims pursuant to any contract to Alternative Dispute Resolution (ADR) as an administrative procedure.
C. A contractor may not invoke administrative procedures meeting the standards of § 55 of these rulesRules, if available, or institute legal action as provided in § 54 of these rules54, prior to receipt of the Institution's decision on the claim, unless the Institution fails to render such decision within the time specified in the contract.
D. The decision of the Institution shall be final and conclusive unless the contractor appeals within six months of the date of the final decision on the claim by the Institution by invoking administrative procedures meeting the standards of § 55 of these rulesRules, if available, or in the alternative by instituting legal action as provided in § 54 of these rules54.
Appears in 4 contracts
Samples: Management Agreement, Management Agreement, Management Agreement
Contractual Disputes. A. Contractual claims, whether for money or other relief, shall be submitted in writing no later than 60 sixty days after final payment. However, written notice of the contractor's intention to file a claim shall be given at the time of the occurrence or beginning of the work upon which the claim is based. Nothing herein shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pendency of claims shall not delay payment of amounts agreed due in the final payment.
B. The Institution shall include in its contracts a procedure for consideration of contractual claims. Such procedure, which may be contained in the contract or may be specifically incorporated into the contract by reference and made available to the contractor, shall establish a time limit for a final decision in writing by the Institution. If the Institution has established administrative procedures meeting the standards of § 55 of these rulesRules, such procedures shall be contained in the contract or specifically incorporated in the contract by reference and made available to the contractor. The Institution may require the submission of contractual claims pursuant to any contract to Alternative Dispute Resolution (“ADR”) as an administrative procedure.
C. A contractor may not invoke administrative procedures meeting the standards of § 55 of these rulesRules, if available, or institute legal action as provided in § 54 of these rules54, prior to receipt of the Institution's decision on the claim, unless the Institution fails to render such decision within the time specified in the contract.
D. The decision of the Institution shall be final and conclusive unless the contractor appeals within six months of the date of the final decision on the claim by the Institution by invoking administrative procedures meeting the standards of § 55 of these rulesRules, if available, or in the alternative by instituting legal action as provided in § 54 of these rules54.
Appears in 1 contract
Samples: Management Agreement