Government Code Claim Requirements Clause Samples
The Government Code Claim Requirements clause establishes that, before initiating a lawsuit against a public entity, a claimant must first file a formal claim in accordance with procedures set out in the applicable government code. This typically involves submitting a written notice to the relevant government agency within a specified time frame, detailing the nature and amount of the claim. By mandating this preliminary step, the clause ensures that public entities have an opportunity to review and potentially resolve disputes before litigation, thereby promoting administrative efficiency and reducing unnecessary lawsuits.
Government Code Claim Requirements. For all Claims not resolved as a result of these Article 17 procedures, ENGINEER must submit each Claim in a Government Code Section 910 form of claim for final investigation and consideration of its settlement prior to initiation of any litigation on any such Claim, as required by Government Code Section 945.4. Pursuant to Government Code Section 930.2, the one-year period in Government Code Section 911.2 is hereby reduced to 150 days. This time deadline is measured from the accrual date of each separate cause of action. The time deadline for filing a Government Code claim shall not be tolled by any action or inaction by ENGINEER or DISTRICT, including but not limited to any action or inaction to try to resolve the Claim through negotiation, mediation, settlement, agreement (including Change Order), or by any other means, other than by a separate written tolling agreement expressly approved as to form (on the face of the agreement) by the County Counsel’s Office.
Government Code Claim Requirements. Pursuant to Government Code §930.6, Claims asserted by the Contractor against the District for money or damages, including without limitation Claims remaining after completion of the non-binding mediation resolution procedures described above are deemed a “suit for money or damages” and shall be subject to the provisions of Government Code §§945.4, 945.6 and 946 (“Government Code Claims Process”). An express condition precedent to the Contractor’s initiation of binding arbitration proceedings relating to Claims is the Contractor’s compliance with the Government Code Clams Process, including without limitation, presentation of the Claims and action thereon by the District or deemed rejected by the District in accordance with Government Code §900, et seq.
Government Code Claim Requirements. For all Claims not resolved as a result of these Article 16 procedures, Consultant must submit each Claim in a Government Code Section 910 form of claim for final investigation and consideration of its settlement prior to initiation of any litigation on any such Claim, as required by Government Code Section 945.4. Pursuant to Government Code Section 930.2, the one-year period in Government Code Section 911.2 is hereby reduced to 150 calendar days. This time deadline is measured from the accrual date of each separate cause of action. The time deadline for filing a Government Code claim shall not be tolled by any action or inaction by Consultant or County, including but not limited to any action or inaction to try to resolve the Claim through negotiation, mediation, settlement, agreement (including Change Order), or by any other means, other than by a separate written tolling agreement expressly approved as to form (on the face of the agreement) by the County Counsel’s Office.
Government Code Claim Requirements. Pursuant to Government Code §930.6, any claim, demand, dispute, disagreement or other matter in controversy asserted by the Contractor, whether on behalf of itself or a Subcontractor, against the District for money or damages, including without limitation claims or portions thereof remaining in dispute after completion of the Section 9204 procedures (“Claims”) are deemed a “suit for money or damages” and shall be subject to the provisions of Government Code §§945.4, 945.6 and 946 (“Government Code Claims Process”). An express condition precedent to the Contractor’s initiation of Section 20104.4 Dispute Resolution Procedures or binding arbitration proceedings pursuant to the following is the Contractor’s compliance with the Government Code Clams Process, including without limitation, presentation of the claim, demand, dispute, disagreement or other matter in controversy between the Contractor and the District seeking money or damages to the District and acted upon or deemed rejected by the District in accordance with Government Code §900, et seq.
Government Code Claim Requirements. Pursuant to Government Code section 930.6, any claim, demand, dispute, disagreement or other matter in controversy asserted by the Architect against the District for money or damages, including, without limitation, a Demand for Arbitration, shall be deemed a “suit for money or damages” and shall be subject to the provisions of Government Code sections 945.4, 945.6 and 946. Notwithstanding the resolution of disputes pursuant to the arbitration provisions set forth in this Paragraph 12.4.4, any claim, demand, dispute, disagreement or other matter in controversy between the Architect and the District seeking money or damages in excess of $375,000 shall first be presented to the District and acted upon or deemed rejected by the District in accordance with Government Code section 900, et seq., as an express condition precedent to the Architect’s commencement of legal proceedings.
Government Code Claim Requirements. Pursuant to Government Code § 930.6, any claim, demand, dispute, disagreement or other matter in controversy asserted by the Design Consultant against the District for money or damages, including, without limitation, a Demand for Arbitration, shall be deemed a “suit for money or damages” and shall be subject to the provisions of Government Code §§ 945.4, 945.6 and 946. Notwithstanding the resolution of disputes pursuant to the arbitration provisions set forth in this Paragraph 10.3.4, any claim, demand, dispute, disagreement or other matter in controversy between the Design Consultant and the District shall first be presented to the District and acted upon or deemed rejected by the District in accordance with Government Code § 900, et seq., as an express jurisdictional condition precedent to the Design Consultant’s commencement of arbitration proceedings or litigation in any other forum.
Government Code Claim Requirements. Pursuant to Government Code §930.6, any claim, demand, dispute, disagreement or other matter in controversy asserted by the Contractor, whether on behalf of itself or a Subcontractor, against the District for money or damages, including without limitation claims or portions thereof remaining in dispute after completion of the Section 9204 procedures s Government Code Clams Process, including without limitation, presentation of the claim, demand, dispute, disagreement or other matter in controversy between the Contractor and the District seeking money or damages to the District and acted upon or deemed rejected by the District in accordance with Government Code §900, et seq.