Common use of Request Requirements Clause in Contracts

Request Requirements. Requests for resolution of Disputes must be made by the Manager in writing, specifically referencing this section, and include: (1) the issue(s) presented for resolution; (2) a statement of the respective positions of the Manager and the Owner; (3) the facts underlying the Dispute; (4) reference to the applicable provision of the Agreement by page and section; (5) the identity of any other parties believed to be necessary to the resolution of the Dispute; (6) all documentation which describes and relates to the dispute and (7) if applicable, a statement explaining why the Manager believes that prior to rendering a final decision, the Commissioner should meet with the Manager, staff of the Department or any other parties believed to be necessary to the resolution of the Dispute. Copies of the request for resolution of the Dispute must promptly be provided to the Commissioner and Owner. In addition, any correspondence that relates to the Dispute, must be provided to the Commissioner and Owner. The Owner shall have thirty (30) days to respond in writing to the Manager’s submission by supplementing the Manager’s submission or to provide its own submission to the Commissioner and Manager. Failure by the Owner to respond shall not be deemed to be an admission of any allegations made in the request for dispute resolution, but may be deemed to constitute a waiver of the opportunity to respond to such allegation(s), if any, at this stage of the dispute. The Commissioner’s decision may thereafter be reached in accordance with such other information or assistance as may be deemed reasonable, necessary or desirable by the Commissioner.