Common use of Dispute Resolution: Additional Requirements for Subcontractor Disputes Clause in Contracts

Dispute Resolution: Additional Requirements for Subcontractor Disputes. For purposes of this Section 22, a “Subcontractor Dispute” shall include any Dispute by a Subcontractor, including also any pass-through claims by a lower tier Subcontractor, against Developer that is actionable by Developer against TxDOT, arises from the Work and is provided for under the Contract Documents. If Developer determines to pursue a Dispute against TxDOT that includes a Subcontractor Dispute, the following additional conditions shall apply: (a) Developer shall identify clearly in all submissions pursuant to this Section 22, that portion of the Dispute that involves a Subcontractor Dispute. (b) Failure of Developer to assert a Subcontractor Dispute on behalf of any Subcontractor at the time of submission of a related claim by Developer shall constitute a release and discharge of TxDOT by Developer on account of, and with respect to, such Subcontractor Dispute. (c) Developer shall require in all Subcontracts that all Subcontractors of any tier: (i) agree to submit Subcontractor Disputes to Developer in a proper form and in sufficient time to allow processing by Developer in accordance with this Section 22; (ii) agree to be bound by the terms of this Section 22 to the extent applicable to Subcontractor Disputes; (iii) agree that, to the extent a Subcontractor Dispute is involved, completion of all steps required under this Section 22 shall be a condition precedent to pursuit by the Subcontractor of any other remedies permitted by law, including institution of a lawsuit against Developer; and (iv) agree that the existence of a dispute resolution process for Disputes involving Subcontractor Disputes shall not be deemed to create any claim, right or cause of action by any Subcontractor against TxDOT. The Subcontractors shall, at all times, have rights and remedies only against Developer.

Dispute Resolution: Additional Requirements for Subcontractor Disputes. For purposes of this Section 2219, a “Subcontractor Dispute” shall include any Dispute by a Subcontractor, including also any pass-through claims by a lower tier Subcontractor, against Developer DB Contractor that is actionable by Developer DB Contractor against TxDOT, TxDOT and arises from the Work and is Work, materials or other services provided for or to be provided under the Contract DBA Documents. If Developer DB Contractor determines to pursue a Dispute against TxDOT that includes a Subcontractor Dispute, the following additional conditions shall apply: (a) Developer DB Contractor shall identify clearly in all submissions pursuant to this Section 2219, that portion of the Dispute that involves a Subcontractor Dispute. (b) Failure of Developer DB Contractor to assert a Subcontractor Dispute on behalf of any Subcontractor at the time of submission of a related claim demand by Developer DB Contractor, as provided hereunder, shall constitute a release and discharge of TxDOT by Developer DB Contractor on account of, and with respect to, such Subcontractor Dispute. (c) Developer DB Contractor shall require in all Subcontracts that all Subcontractors of any tier: : (i) agree to submit Subcontractor Disputes to Developer DB Contractor in a proper form and in sufficient time to allow processing by Developer DB Contractor in accordance with this Section 2219; (ii) agree to be bound by the terms of this Section 22 19 to the extent applicable to Subcontractor Disputes; (iii) agree that, to the extent a Subcontractor Dispute is involved, completion of all steps required under this Section 22 19 shall be a condition precedent to pursuit by the Subcontractor of any other remedies permitted by lawLaw, including institution of a lawsuit against DeveloperDB Contractor; (iv) agree that any Subcontractor Dispute brought against a Surety, that also is actionable against TxDOT through DB Contractor, shall be stayed until completion of all steps required under this clause (c); and (ivv) agree that the existence of a dispute resolution process for Disputes involving Subcontractor Disputes shall not be deemed to create any claim, right or cause of action by any Subcontractor against TxDOT. The Subcontractors shall, at all times, have rights and remedies only against DeveloperDB Contractor.

Dispute Resolution: Additional Requirements for Subcontractor Disputes. For purposes of this Section 2217, a “Subcontractor Dispute” shall include any Dispute by a Subcontractor, including also any pass-through claims by a lower tier Subcontractor, against Developer Maintenance Contractor that is actionable by Developer Maintenance Contractor against TxDOT, TxDOT and arises from the Work and is Maintenance Services, materials or other services provided for or to be provided under the Contract CMA Documents. If Developer Maintenance Contractor determines to pursue a Dispute against TxDOT that includes a Subcontractor Dispute, the following additional conditions shall apply: (a) Developer Maintenance Contractor shall identify clearly in all submissions pursuant to this Section 2217, that portion of the Dispute that involves a Subcontractor Dispute. (b) Failure of Developer Maintenance Contractor to assert a Subcontractor Dispute on behalf of any Subcontractor at the time of submission of a related claim demand by Developer Maintenance Contractor, as provided hereunder, shall constitute a release and discharge of TxDOT by Developer Maintenance Contractor on account of, and with respect to, such Subcontractor Dispute. (c) Developer Maintenance Contractor shall require in all Subcontracts that all Subcontractors of any tier: (ia) agree to submit Subcontractor Disputes to Developer Maintenance Contractor in a proper form and in sufficient time to allow processing by Developer Maintenance Contractor in accordance with this Section 2217; (iib) agree to be bound by the terms of this Section 22 17 to the extent applicable to Subcontractor Disputes; (iiic) agree that, to the extent a Subcontractor Dispute is involved, completion of all steps required under this Section 22 17 shall be a condition precedent to pursuit by the Subcontractor of any other remedies permitted by lawXxx, including institution of a lawsuit against DeveloperMaintenance Contractor; (d) agree that any Subcontractor Dispute brought against a Surety, that also is actionable against TxDOT through Maintenance Contractor, shall be stayed until completion of all steps required under this subsection; and (ive) agree that the existence of a dispute resolution process for Disputes involving Subcontractor Disputes shall not be deemed to create any claim, right or cause of action by any Subcontractor against TxDOT. The Subcontractors shall, at all times, have rights and remedies only against DeveloperMaintenance Contractor.

Dispute Resolution: Additional Requirements for Subcontractor Disputes. (a) For purposes of this Section 2219, a “Subcontractor Dispute” shall include any Dispute dispute by a Subcontractor, including also any pass-through claims by a lower tier Subcontractor, against Developer TSP that is actionable by Developer TSP against TxDOT, the Joint Board and arises from the Work and is Work, materials or other services provided for or to be provided under the Contract Documents. If Developer TSP determines to pursue a Dispute dispute against TxDOT the Joint Board that includes a Subcontractor Dispute, the following additional conditions shall apply: (ab) Developer TSP shall identify clearly in all submissions pursuant to this Section 2219, that portion of the Dispute dispute that involves a Subcontractor Dispute. (bc) Failure of Developer TSP to assert a Subcontractor Dispute on behalf of any Subcontractor at the time of submission of a related claim dispute by Developer TSP, as provided hereunder, shall constitute a release and discharge of TxDOT the Joint Board by Developer TSP on account of, and with respect to, such Subcontractor Dispute. (cd) Developer TSP shall require in all Subcontracts that all Subcontractors of any tier: tier (ia) agree to submit Subcontractor Disputes to Developer TSP in a proper form and in sufficient time to allow processing by Developer TSP in accordance with this Section 2219; (iib) agree to be bound by the terms of this Section 22 19 to the extent applicable to Subcontractor Disputes; (iiic) agree that, to the extent a Subcontractor Dispute is involved, completion of all steps required under this Section 22 19 shall be a condition precedent to pursuit by the Subcontractor of any other remedies permitted by law, including institution of a lawsuit against DeveloperTSP; (d) agree that any Subcontractor Dispute brought against a bonding company, that also is actionable against the Joint Board through TSP, shall be stayed until completion of all steps required under this subsection; and (ive) agree that the existence of a dispute resolution process for Disputes disputes involving Subcontractor Disputes shall not be deemed to create any claim, right or cause of action by any Subcontractor against TxDOTthe Joint Board. The Subcontractors shall, at all times, have rights and remedies only against DeveloperTSP.

Dispute Resolution: Additional Requirements for Subcontractor Disputes. For purposes of this Section 2219, a “Subcontractor Dispute” shall include any Dispute by a Subcontractor, including also any pass-through claims by a lower tier Subcontractor, against Developer DB Contractor that is actionable by Developer DB Contractor against TxDOT, TxDOT and arises from the Work and is Work, materials or other services provided for or to be provided under the Contract DBC Documents. If Developer DB Contractor determines to pursue a Dispute against TxDOT that includes a Subcontractor Dispute, the following additional conditions shall apply: (a) Developer DB Contractor shall identify clearly in all submissions pursuant to this Section 2219, that portion of the Dispute that involves a Subcontractor Dispute. (b) Failure of Developer DB Contractor to assert a Subcontractor Dispute on behalf of any Subcontractor at the time of submission of a related claim demand by Developer DB Contractor, as provided hereunder, shall constitute a release and discharge of TxDOT by Developer DB Contractor on account of, and with respect to, such Subcontractor Dispute. (c) Developer DB Contractor shall require in all Subcontracts that all Subcontractors of any tier: : (i) agree to submit Subcontractor Disputes to Developer DB Contractor in a proper form and in sufficient time to allow processing by Developer DB Contractor in accordance with this Section 2219; (ii) agree to be bound by the terms of this Section 22 19 to the extent applicable to Subcontractor Disputes; (iii) agree that, to the extent a Subcontractor Dispute is involved, completion of all steps required under this Section 22 19 shall be a condition precedent to pursuit by the Subcontractor of any other remedies permitted by lawLaw, including institution of a lawsuit against DeveloperDB Contractor; (iv) agree that any Subcontractor Dispute brought against a Surety, that also is actionable against TxDOT through DB Contractor, shall be stayed until completion of all steps required under this clause (c); and (ivv) agree that the existence of a dispute resolution process for Disputes involving Subcontractor Disputes shall not be deemed to create any claim, right or cause of action by any Subcontractor against TxDOT. The Subcontractors shall, at all times, have rights and remedies only against DeveloperDB Contractor.