RESOLUTION OF CONSTRUCTION CLAIMS. The provisions of Public Contract Code Section 9204 are incorporated herein by reference and, to the fullest extent required by applicable law, shall govern any and all claims by Contractor and Contractor’s subcontractor(s) relating to the Work. In sum, Public Contract Code Section 9204 provides the following: Contractor and Contractor’s subcontractor(s), as applicable, shall provide to District a written claim for any time extension or any payment in dispute, with the claim submitted by registered or certified mail with return receipt requested and accompanied by reasonable documentation to support the claim; upon receipt of any such claim, District shall review the matter and provide a written response within forty-five (45) days (unless more time is required to accommodate a District board meeting); District shall pay any undisputed amount within sixty (60) days of providing its written response; if Contractor or Contractor’s subcontractor(s) disagrees with District’s written response then the Parties shall meet and confer to attempt to resolve the dispute; and, if the informal meet and confer fails to resolve the matter, then the matter shall be submitted to nonbinding mediation. The provisions of Public Contract Code Section 9204 shall only be in effect until January 1, 2020, unless a later statute extends that date. To the extent that any claims are not resolved by the procedures set forth in Public Contract Code Section 9204, the claims shall be resolved by the procedures set forth in Public Contract Code Sections 20104, et seq., as those provisions may be amended from time to time.
RESOLUTION OF CONSTRUCTION CLAIMS a. Public work claims of $375,000 or less between the Contractor and the District are subject to the provisions of Article 1.5 (commencing with §20104) of Chapter 1 of Part 2 of the Public Contract Code (“Article 1.5 claim”). For purposes of Article 1.5, "public work" has the same meaning as set forth in §§3100 and 3106 of the Civil Code; "claims" means a separate demand by Contractor for a time extension or payment of money or damages arising from work done by or on behalf of Contractor pursuant to the Contract and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to or the amount of the payment which is disputed by the District.
RESOLUTION OF CONSTRUCTION CLAIMS. Claims shall be subject to the requirements of Public Contract Code sections 20104 et seq. and 9204. A summary of those provisions is set forth below. A waiver of the rights granted by the referenced statutes is void and contrary to public policy, provided, however, that upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable. To the extent that the summary below is inconsistent with any requirement of those statutes, the statutes shall control.
a. Public work claims of $375,000 or less between the Contractor and the District are subject to the provisions of Article 1.5 (commencing with section 20104) of Chapter 1 of Part 2 of the Public Contract Code (“Article 1.5 Claim”). For purposes of Article 1.5, "public work" has the same meaning as set forth in sections 3100 and 3106 of the Civil Code; "claims" means a separate demand by Contractor for a time extension or payment of money or damages arising from work done by or on behalf of Contractor pursuant to the Contract and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to or the amount of the payment which is disputed by the District. To the extent that this subsection is inconsistent with section 21, section 21 shall control.
RESOLUTION OF CONSTRUCTION CLAIMS. Any claims by Contractor in the amount of Three Hundred Seventy Five Thousand Dollars ($375,000) or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in Public Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided for the filing of claims by Contractor.
RESOLUTION OF CONSTRUCTION CLAIMS. (a) (1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency.
RESOLUTION OF CONSTRUCTION CLAIMS. A. Upon receipt of a claim, OWNER shall conduct a reasonable review of the claim, and, unless extended by mutual agreement of the parties, provide CONTRACTOR a written statement identifying what portion of the claim is disputed and what portion is undisputed within 45 days.
B. If OWNER needs approval from its governing body to provide CONTRACTOR a written statement identifying the disputed portion and the undisputed portion of the claim, and OWNER’S governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, OWNER shall have up to three days following the next duly publicly noticed meeting of its governing body after the 45-day period, or extension, expires to provide CONTRACTOR a written statement identifying the disputed portion and the undisputed portion.
C. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after OWNER issues its written statement. If OWNER fails to issue a written statement, paragraph H. (below) shall apply.
D. If CONTRACTOR disputes OWNER'S written response, or if OWNER fails to respond to a claim issued pursuant to this section within the time prescribed, CONTRACTOR may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, OWNER shall schedule a meet and confer conference within 30 days for settlement of the dispute.
E. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, OWNER shall provide CONTRACTOR a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after OWNER issues its written statement. Any disputed portion of the claim, as identified by the CONTRACTOR in writing, shall be submitted to nonbinding mediation, with OWNER and CONTRACTOR sharing the associated costs equally. OWNER and CONTRACTOR shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutr...
RESOLUTION OF CONSTRUCTION CLAIMS. Any claims submitted by the Contractor against the Agency for Work covered by this Contract in the amount of ADD:
RESOLUTION OF CONSTRUCTION CLAIMS. Claims shall be resolved in accordance with Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code. All claims shall be in writing and shall include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment.
RESOLUTION OF CONSTRUCTION CLAIMS. Claims shall be subject to the requirements of Public Contract Code sections 20104 et seq. and
RESOLUTION OF CONSTRUCTION CLAIMS. Public Contract Code Section 20104(c) requires that the provisions of Public Contract Code Sections 20104 through 20104.6, or a summary thereof, “be set forth in the plans and specifications for any work which may give rise to a claim under” those Code Sections. Such a summary is set forth at Article 19 of the General Conditions and is hereby deemed also to be set forth in its entirety in the Plans and Specifications.
