Common use of Informal Dispute Resolution Process Clause in Contracts

Informal Dispute Resolution Process. All non-monetary matters and monetary claims, disputes or issues involving less than $50,000.00 shall be disposed of in the following manner: (1) The claimant must first comply with all contractual procedures, requirements, and deadlines before seeking any dispute resolution under this provision. If the claimant fails to comply with any contractual procedure or requirement and any applicable deadline has not passed, then CM shall advise claimant to comply with the contractual procedure or requirement. If claimant complied with the contractual procedures and/or requirements but was untimely in seeking dispute resolution under this provision, CM, at its discretion, may waive the untimely submission for good cause shown by claimant and/or a determination that it is in the best interest to consider the submission if doing so will progress the Project to completion. If a claimant failed to comply with the contract requirements and an applicable deadline, then the submission shall be automatically rejected absent good cause shown and the claimant’s failure to comply with the contract requirements and deadline were caused by events or persons outside claimant’s control (negligence of claimant’s employees or representatives shall constitute good cause). Owner will afforded greater leniency when considering issues of noncompliance with contract requirements and deadlines than Contractor. (2) The claimant shall submit to CM a short written statement of the claim, dispute or issue and/or attach the document reflecting or containing the claim, dispute or issue (e.g., rejected change order request, rejected request for time extension and a schedule narrative/time impact analysis supporting a delay claim, notice of deficiency or non-conforming work, request for information, unpaid invoice or payment application, audit finding, etc.). (3) CM shall investigate the claim, dispute or issue within ten (10) calendar days and the investigation may include but is not limited to: requesting a written response from any party to the claim, dispute or issue within this time period; requesting a conference call or meeting with all parties to the claim, dispute or issue; and/or consult with Commerce on issues involving CDBG-DR compliance. (4) After the investigation, CM shall issue a summary decision disposing of the claim, dispute or issue with a notice informing the claimant and respondent(s) on how to appeal CM’s decision to NCORR. (5) If claimant or respondent elects to appeal CM’s decision, then the party taking the appeal shall, in writing, explain the parts of CM’s decision that are at issue on appeal. The appeal to NCORR shall be heard by the NCORR’s Assistant Director of Resiliency, or a designee within NCORR or other management employee of another State agency with subject matter expertise (hereinafter “Grant Manager”) within ten (10) calendars days of receipt of the appeal in an effort to settle the dispute. If the claimant and respondent cannot settle the dispute at this hearing, then Grant Manager shall render a final summary decision that will be binding on claimant and respondent with no further rights of appeal. (6) None of the process described above shall be construed as a contested case proceeding or a formal administrative hearing under the North Carolina Administrative Procedures Act in Chapter 150B of the General Statutes. All parties to the Contract and CDBG-DR Housing Recovery Program grant award to Owner understand and acknowledge that the foregoing dispute resolution process is intended to be an informal settlement process of claims, disputes and issues.

Informal Dispute Resolution Process. All non-monetary matters and monetary claims, disputes or issues involving less than $50,000.00 shall be disposed of in the following manner: (1) The claimant must first comply with all contractual procedures, requirements, and deadlines before seeking any dispute resolution under this provision. If the claimant fails to comply with any contractual procedure or requirement and any applicable deadline has not passed, then CM shall advise claimant to comply with the contractual procedure or requirement. If claimant complied with the contractual procedures and/or requirements but was untimely in seeking dispute resolution under this provision, CM, at its discretion, may waive the untimely submission for good cause shown by claimant and/or a determination that it is in the best interest to consider the submission if doing so will progress the Project to completion. If a claimant failed to comply with the contract requirements and an applicable deadline, then the submission shall be automatically rejected absent good cause shown and the claimant’s failure to comply with the contract requirements and deadline were caused by events or persons outside claimant’s control (negligence of claimant’s employees or representatives shall constitute good cause). Owner will be afforded greater leniency when considering issues of noncompliance with contract requirements and deadlines than Contractor. (2) The claimant shall submit to CM a short written statement of the claim, dispute or issue and/or attach the document reflecting or containing the claim, dispute or issue (e.g., rejected change order request, rejected request for time extension and a schedule narrative/time impact analysis supporting a delay claim, notice of deficiency or non-conforming work, request for information, unpaid invoice or payment application, audit finding, etc.). (3) CM shall investigate the claim, dispute or issue within ten (10) calendar days and the investigation may include but is not limited to: requesting a written response from any party to the claim, dispute or issue within this time period; requesting a conference call or meeting with all parties to the claim, dispute or issue; and/or consult with Commerce on issues involving CDBG-DR compliance. (4) After the investigation, CM shall issue a summary decision disposing of the claim, dispute or issue with a notice informing the claimant and respondent(s) on how to appeal CM’s decision to NCORR. (5) If claimant or respondent elects to appeal CM’s decision, then the party taking the appeal shall, in writing, explain the parts of CM’s decision that are at issue on appeal. The appeal to NCORR shall be heard by the NCORR’s Assistant Director of Resiliency, or a designee within NCORR or other management employee of another State agency with subject matter expertise (hereinafter “Grant Manager”) within ten (10) calendars days of receipt of the appeal in an effort to settle the dispute. If the claimant and respondent cannot settle the dispute at this hearing, then Grant Manager shall render a final summary decision that will be binding on claimant and respondent with no further rights of appeal. (6) None of the process described above shall be construed as a contested case proceeding or a formal administrative hearing under the North Carolina Administrative Procedures Act in Chapter 150B of the General Statutes. All parties to the Contract and CDBG-DR Housing Recovery Program grant award to Owner understand and acknowledge that the foregoing dispute resolution process is intended to be an informal settlement process of claims, disputes and issues.

Informal Dispute Resolution Process. All non-monetary matters and monetary claims, disputes or issues involving less than $50,000.00 shall be disposed of in the following manner: (1) The claimant must first comply with all contractual procedures, requirements, and deadlines before seeking any dispute resolution under this provision. If the claimant fails to comply with any contractual procedure or requirement and any applicable deadline has not passed, then CM shall advise claimant to comply with the contractual procedure or requirement. If claimant complied with the contractual procedures and/or requirements but was untimely in seeking dispute resolution under this provision, CM, at its discretion, may waive the untimely submission for good cause shown by claimant and/or a determination that it is in the best interest to consider the submission if doing so will progress the Project to completion. If a claimant failed to comply with the contract requirements and an applicable deadline, then the submission shall be automatically rejected absent good cause shown and the claimant’s failure to comply with the contract requirements and deadline were caused by events or persons outside claimant’s control (negligence of claimant’s employees or representatives shall constitute good cause). Owner will afforded greater leniency when considering issues of noncompliance with contract requirements and deadlines than Contractor. (2) The claimant shall submit to CM a short written statement of the claim, dispute or issue and/or attach the document reflecting or containing the claim, dispute or issue (e.g., rejected change order request, rejected request for time extension and a schedule narrative/time impact analysis supporting a delay claim, notice of deficiency or non-conforming work, request for information, unpaid invoice or payment application, audit finding, etc.). (3) CM shall investigate the claim, dispute or issue within ten (10) calendar days and the investigation may include but is not limited to: requesting a written response from any party to the claim, dispute or issue within this time period; requesting a conference call or meeting with all parties to the claim, dispute or issue; and/or consult with Commerce on issues involving CDBG-DR compliance. (4) After the investigation, CM shall issue a summary decision disposing of the claim, dispute or issue with a notice informing the claimant and respondent(s) on how to appeal CM’s decision to NCORRNCEM. (5) If claimant or respondent elects to appeal CM’s decision, then the party taking the appeal shall, in writing, explain the parts of CM’s decision that are at issue on appeal. The appeal to NCORR NCEM shall be heard by the NCORRNCEM’s Assistant Director of Resiliency, or a designee within NCORR NCEM or other management employee of another State agency with subject matter expertise (hereinafter “Grant Manager”) within ten (10) calendars days of receipt of the appeal in an effort to settle the dispute. If the claimant and respondent cannot settle the dispute at this hearing, then Grant Manager shall render a final summary decision that will be binding on claimant and respondent with no further rights of appeal. (6) None of the process described above shall be construed as a contested case proceeding or a formal administrative hearing under the North Carolina Administrative Procedures Act in Chapter 150B of the General Statutes. All parties to the Contract and CDBG-DR Housing Recovery Program grant award to Owner understand and acknowledge that the foregoing dispute resolution process is intended to be an informal settlement process of claims, disputes and issues.

Informal Dispute Resolution Process. All non-monetary matters and monetary claims, disputes or issues involving less than $50,000.00 shall be disposed of in the following manner: (1i) The claimant must first comply with all contractual procedures, requirements, and deadlines before seeking any dispute resolution under this provision. If the claimant fails to comply with any contractual procedure or requirement and any applicable deadline has not passed, then CM shall advise claimant to comply with the contractual procedure procedure(s) or requirementrequirement(s). If claimant has complied with the contractual procedures procedure(s) and/or requirements requirement(s) but was untimely in seeking dispute resolution under this provision, CMCM or NCORR, at its discretion, may waive the untimely submission for good cause shown by claimant and/or a determination that it is in the best interest to consider the submission if doing so will progress the Project to completion. If a claimant failed fails to comply with the contract requirements and an applicable deadline, then the submission shall be automatically rejected absent good cause shown and a showing that the claimant’s failure to comply with the contract requirements and deadline were caused by events or persons outside claimant’s control (negligence of claimant’s employees or representatives shall constitute good cause). Owner will be afforded greater leniency when considering issues of noncompliance with contract requirements and deadlines than Contractor. (2ii) The claimant shall submit to CM a short written statement of the claimclaim(s), dispute dispute(s) or issue issue(s) and/or attach the document document(s) reflecting or containing the claimclaim(s), dispute dispute(s) or issue issue(s) (e.g., rejected change order request, rejected request for time extension and a schedule narrative/time impact analysis supporting a delay claim, notice of deficiency or non-conforming work, request for information, unpaid invoice or payment application, audit finding, etc.). (3iii) CM shall investigate the claim, dispute or issue within ten (10) calendar days and the investigation may include but is not limited to: requesting a written response from any party to the claim, dispute or issue within this time period; requesting a conference call or meeting with all parties to the claim, dispute or issue; and/or consult with Commerce NCORR on issues involving CDBG-DR compliance. (4iv) After the investigation, CM shall issue a summary decision disposing of the claim, dispute or issue with a notice informing the claimant and respondent(s) on regarding how to appeal file a grievance regarding CM’s decision to NCORR. (5v) If claimant or respondent elects to appeal file a grievance regarding CM’s decision, then the party taking making the appeal grievance shall, in writing, explain the parts of CM’s decision that are at issue on appealissue. The appeal grievance to NCORR shall be heard by the NCORR’s Assistant Director of Resiliencyan NCORR Program Delivery employee, or a designee within NCORR or other management employee of another State agency with subject matter expertise (hereinafter “Grant Manager”) within ten (10) calendars days of receipt of the appeal grievance in an effort to settle the dispute. If the claimant and respondent cannot settle the dispute at this hearing, then Grant Manager shall render a final summary decision that will be binding on claimant and respondent with no further rights of appeal. (6vi) None of the process described above shall be construed as a contested case proceeding case, proceeding, or a formal administrative hearing under the North Carolina Administrative Procedures Act in Chapter 150B of the General Statutes. All parties to the Contract and CDBG-DR Housing Homeowner Recovery Program grant award to Owner understand and acknowledge that the foregoing dispute resolution process is intended to be an informal settlement process of claims, disputes and issues.

Informal Dispute Resolution Process. All non-monetary matters and monetary claims, disputes or issues involving less than $50,000.00 shall be disposed of in the following manner: (1i) The claimant must first comply with all contractual procedures, requirements, and deadlines before seeking any dispute resolution under this provision. If the claimant fails to comply with any contractual procedure or requirement and any applicable deadline has not passed, then CM shall advise claimant to comply with the contractual procedure procedure(s) or requirementrequirement(s). If claimant has complied with the contractual procedures procedure(s) and/or requirements requirement(s) but was untimely in seeking dispute resolution under this provision, CMCM or NCORR, at its discretion, may waive the untimely submission for good cause shown by claimant and/or a determination that it is in the best interest to consider the submission if doing so will progress the Project to completion. If a claimant failed fails to comply with the contract requirements and an applicable deadline, then the submission shall be automatically rejected absent good cause shown and a showing that the claimant’s failure to comply with the contract requirements and deadline were caused by events or persons outside claimant’s control (negligence of claimant’s employees or representatives shall constitute good cause). Owner will be afforded greater leniency when considering issues of noncompliance with contract requirements and deadlines than Contractor. (2ii) The claimant shall submit to CM a short written statement of the claimclaim(s), dispute dispute(s) or issue issue(s) and/or attach the document document(s) reflecting or containing the claimclaim(s), dispute dispute(s) or issue issue(s) (e.g., rejected change order request, rejected request for time extension and a schedule narrative/time impact analysis supporting a delay claim, notice of deficiency or non-conforming work, request for information, unpaid invoice or payment application, audit finding, etc.). (3iii) CM shall investigate the claim, dispute or issue within ten (10) calendar days and the investigation may include but is not limited to: requesting a written response from any party to the claim, dispute or issue within this time period; requesting a conference call or meeting with all parties to the claim, dispute or issue; and/or consult with Commerce NCORR on issues involving CDBG-DR compliance. (4iv) After the investigation, CM shall issue a summary decision disposing of the claim, dispute or issue with a notice informing the claimant and respondent(s) on regarding how to appeal submit a grievance regarding CM’s decision to NCORR. (5v) If claimant or respondent elects to appeal file a grievance regarding CM’s decision, then the party taking making the appeal grievance shall, in writing, explain the parts of CM’s decision that are at issue on appealissue. The appeal grievance to NCORR shall be heard by the NCORR’s Assistant Director of Resiliencyan NCORR Program Delivery employee, or a designee within NCORR or other management employee of another State agency with subject matter expertise (hereinafter “Grant Manager”) within ten (10) calendars days of receipt of the appeal grievance in an effort to settle the dispute. If the claimant and respondent cannot settle the dispute at this hearing, then Grant Manager shall render a final summary decision that will be binding on claimant and respondent with no further rights of appeal. (6vi) None of the process described above shall be construed as a contested case proceeding case, proceeding, or a formal administrative hearing under the North Carolina Administrative Procedures Act in Chapter 150B of the General Statutes. All parties to the Contract and CDBG-DR Housing Homeowner Recovery Program grant award to Owner understand and acknowledge that the foregoing dispute resolution process is intended to be an informal settlement process of claims, disputes and issues.