Common use of Traditional Dispute Meeting Clause in Contracts

Traditional Dispute Meeting. Procedure 1. Within 21 days after receiving the Department’s written response to the Contractor’s supplemental potential claim record, the Contractor shall refer the dispute to the DRB if the Contractor wishes to further pursue the dispute. When facilitated dispute resolution is included in the partnering charter, the referral shall be within 41 days. The Contractor shall make the referral in writing to the DRB, simultaneously copied to the Department. The written dispute referral shall describe the disputed matter in individual discrete segments, so that it will be clear to both parties and the DRB what discrete elements of the dispute have been resolved, and which remain unresolved, and shall include an estimate of the cost of the affected work and impacts, if any, on project completion. 2. The parties shall each be afforded an opportunity to be present and to be heard by the DRB, and to offer evidence. Either party furnishing written evidence or documentation to the DRB must furnish copies of such information to the DRB Chair a minimum of 15 days prior to the date the DRB is scheduled to convene the meeting for the dispute. A copy of all evidence and documentation shall be simultaneously submitted to the other party. 3. Either party shall produce such additional evidence as the DRB may deem necessary to reach an understanding and a determination of the dispute. The party furnishing additional evidence shall furnish copies of such additional evidence to the other party at the same time the evidence is provided to the DRB. The DRB shall not consider evidence not furnished in conformance with the terms specified herein. 4. Upon receipt by the DRB of a written referral of a dispute, the DRB shall convene to review and consider the dispute. The dispute meeting shall be held no earlier than 30 days and no later than 60 days after receipt of the written referral unless otherwise agreed to by all parties. 5. The DRB may request clarifying information of either party within 10 days after the dispute meeting. Requested information, shall be specific to this Contract and shall be submitted to the DRB within 10 days of the DRB request. 6. The DRB shall furnish a written report to the parties with its conclusion(s) and recommendation(s). The DRB shall complete its report, including minority recommendation, if any, and submit it to the parties within 30 days of the dispute meeting, except that time extensions may be granted at the request of the DRB with the written concurrence of the parties. The report shall summarize the facts considered, the specific Contract documents/provisions relied upon, statute or regulation viewed by the DRB as pertinent to the dispute, and the DRB's interpretation and reasoning in arriving at its conclusion(s) and recommendation(s) and, if requested, recommend guidelines for determining adjustments. The DRB's written recommendation shall stand on its own, without attachments or appendices. The DRB Chair shall furnish a copy of the written report to the ADR Engineer, Division of Construction, MS 44, X.X. Xxx 000000, Xxxxxxxxxx, XX 00000. 7. Within 30 days after receiving the DRB's report, the parties shall respond to the DRB in writing (with a copy sent simultaneously to the other party) signifying that the dispute is either resolved or remains unresolved. The response shall be specific as to the reason(s) why the dispute remains unresolved. Failure to provide the written response within the time specified, shall conclusively indicate that the party(s) failing to respond accepts the DRB recommendation. 8. Either party may request clarification of elements of the DRB's report from the DRB prior to responding to the report. The DRB shall consider any clarification request only if submitted within 10 days of receipt of the DRB's report, and if submitted simultaneously in writing to both the DRB and the other party. Each party may submit only one request for clarification for any individual DRB report. The DRB shall respond, in writing, to requests for clarification within 10 days of receipt of such requests. 9. Either party may seek a reconsideration of the DRB's recommendation. The DRB shall only grant reconsideration based upon submission of new evidence and if the request is submitted within the 30 day time limit specified for response to the DRB's written report. Each party may submit only one request for reconsideration regarding an individual DRB recommendation. The DRB shall respond, in writing, to requests for reconsideration within 10 days of receipt of such requests. 10. If the parties are able to resolve their dispute with the aid of the DRB's report, the Department and the Contractor shall promptly accept and implement the resolution. If the parties cannot agree on the time or payment adjustment within 60 days of the acceptance by both parties of the recommendation, either party may request that the DRB recommend an adjustment.

Traditional Dispute Meeting. Procedure 1. Within 21 days after receiving the Department’s written response to the Contractor’s supplemental potential claim record, the Contractor shall refer the dispute to the DRB if the Contractor wishes to further pursue the dispute. When facilitated dispute resolution is included in the partnering charter, the referral shall be within 41 days. The Contractor shall make the referral in writing to the DRB, simultaneously copied to the Department. The written dispute referral shall describe the disputed matter in individual discrete segments, so that it will be clear to both parties and the DRB what discrete elements of the dispute have been resolved, and which remain unresolved, and shall include an estimate of the cost of the affected work and impacts, if any, on project completion. 2. The parties shall each be afforded an opportunity to be present and to be heard by the DRB, and to offer evidence. Either party furnishing written evidence or documentation to the DRB must furnish copies of such information to the DRB Chair a minimum of 15 days prior to the date the DRB is scheduled to convene the meeting for the dispute. A copy of all evidence and documentation shall be simultaneously submitted to the other party. 3. Either party shall produce such additional evidence as the DRB may deem necessary to reach an understanding and a determination of the dispute. The party furnishing additional evidence shall furnish copies of such additional evidence to the other party at the same time the evidence is provided to the DRB. The DRB shall not consider evidence not furnished in conformance with the terms specified herein. 4. Upon receipt by the DRB of a written referral of a dispute, the DRB shall convene to review and consider the dispute. The dispute meeting shall be held no earlier than 30 days and no later than 60 days after receipt of the written referral unless otherwise agreed to by all parties. 5. The DRB may request clarifying information of either party within 10 days after the dispute meeting. Requested information, shall be specific to this Contract and shall be submitted to the DRB within 10 days of the DRB request. 6. The DRB shall furnish a written report to the parties with its conclusion(s) and recommendation(s). The DRB shall complete its report, including minority recommendation, if any, and submit it to the parties within 30 days of the dispute meeting, except that time extensions may be granted at the request of the DRB with the written concurrence of the parties. The report shall summarize the facts considered, the specific Contract documents/provisions relied upon, statute or regulation viewed by the DRB as pertinent to the dispute, and the DRB's interpretation and reasoning in arriving at its conclusion(s) and recommendation(s) and, if requested, recommend guidelines for determining adjustments. The DRB's written recommendation shall stand on its own, without attachments or appendices. The DRB Chair shall furnish a copy of the written report to the ADR Engineer, Division of Construction, MS 44, X.X. Xxx 000000, Xxxxxxxxxx, XX 00000Engineer at XXX.Xxxxxxxx@xxx.xx.xxx. 7. Within 30 days after receiving the DRB's report, the parties shall respond to the DRB in writing (with a copy sent simultaneously to the other party) signifying that the dispute is either resolved or remains unresolved. The response shall be specific as to the reason(s) why the dispute remains unresolved. Failure to provide the written response within the time specified, shall conclusively indicate that the party(s) failing to respond accepts the DRB recommendation. 8. Either party may request clarification of elements of the DRB's report from the DRB prior to responding to the report. The DRB shall consider any clarification request only if submitted within 10 days of receipt of the DRB's report, and if submitted simultaneously in writing to both the DRB and the other party. Each party may submit only one request for clarification for any individual DRB report. The DRB shall respond, in writing, to requests for clarification within 10 7 days of receipt of such requests. 9. Either party may seek a reconsideration of the DRB's recommendation. The DRB shall only grant reconsideration based upon submission of new evidence and if the request is submitted within the 30 day time limit specified for response to the DRB's written report. Each party may submit only one request for reconsideration regarding an individual DRB recommendation. The DRB shall respond, in writing, to requests for reconsideration within 10 days of receipt of such requests. 10. If the parties are able to resolve their dispute with the aid of the DRB's report, the Department and the Contractor shall promptly accept and implement the resolution. If the parties cannot agree on the time or payment adjustment within 60 days of the acceptance by both parties of the recommendation, either party may request that the DRB recommend an adjustment.

Traditional Dispute Meeting. ProcedureThe following procedure shall be used for the traditional dispute meeting: 1. a. Within 21 5 days after receiving the Department’s STATE's written response to the Contractor’s CONTRACTOR's supplemental potential claim record, the Contractor CONTRACTOR shall refer the dispute to the DRB DRA, if the Contractor CONTRACTOR wishes to further pursue the dispute. When facilitated dispute resolution is included in the partnering charter, the referral shall be within 41 days. The Contractor CONTRACTOR shall make the referral in writing to the DRBDRA, simultaneously copied to the DepartmentSTATE. The written dispute referral shall describe the disputed matter in individual discrete segments, so that it will be clear to both parties and the DRB DRA what discrete elements of the dispute have been resolved, and which remain unresolved, and shall include an estimate of the cost of the affected work and impacts, if any, on project completion. 2. b. The parties shall each be afforded an opportunity to be present and to be heard by the DRBDRA, and to offer evidence. Either party furnishing written evidence or documentation to the DRB DRA must furnish copies of such information to the DRB Chair other party a minimum of 15 10 days prior to the date the DRB DRA is scheduled to convene the meeting for the dispute. A copy of all evidence and documentation shall be simultaneously submitted to the other party. 3. Either party shall produce such additional evidence as the DRB DRA may deem necessary to reach an understanding and a determination of the dispute. The party furnishing additional evidence shall furnish copies of such additional evidence to the other party at the same time the evidence is provided to the DRBDRA. The DRB DRA shall not consider evidence not furnished in conformance with the terms specified herein. 4. c. Upon receipt by the DRB DRA of a written referral of a dispute, the DRB DRA shall convene to review and consider the dispute. The dispute meeting shall be held no earlier than 30 days and no later than 60 25 days after receipt of the written referral unless otherwise agreed to by all parties. 5d. The DRA shall furnish a written report to both parties. The DRB DRA may request clarifying information of either party within 10 5 days after the DRA dispute meeting. Requested information, shall be specific to this Contract and information shall be submitted to the DRB DRA within 10 5 days of the DRB DRA request. 6. The DRB shall furnish a written report to the parties with its conclusion(s) and recommendation(s). The DRB DRA shall complete its report, including minority recommendation, if any, report and submit it to the parties within 30 10 days of the DRA dispute meeting, except that time extensions may be granted at the request of the DRB DRA with the written concurrence of the both parties. The report shall summarize the facts considered, the specific Contract documents/provisions relied uponcontract language, statute law or regulation viewed by the DRB DRA as pertinent to the dispute, and the DRBDRA's interpretation and reasoning philosophy in arriving at its conclusion(s) conclusions and recommendation(s) recommendations and, if requestedappropriate, recommend recommends guidelines for determining adjustmentscompensation. The DRBDRA's written recommendation opinion shall stand on its own, without attachments or appendices. The DRB Chair shall furnish a copy of the written report to the ADR Engineer, Division of Construction, MS 44, X.X. Xxx 000000, Xxxxxxxxxx, XX 00000. 7. e. Within 30 10 days after receiving the DRBDRA's report, the both parties shall respond to the DRB DRA in writing (with a copy sent simultaneously to the other party) signifying that the dispute is either resolved or remains unresolved. The response shall be specific as to the reason(s) why the dispute remains unresolved. Failure to provide the written response within the time specified, or a written rejection of the DRA's recommendation or response to a request for reconsideration presented in the report by either party, shall conclusively indicate that the party(s) failing to respond accepts the DRB DRA recommendation. 8. Immediately after responses have been received from both parties, the DRA shall provide copies of both responses to the parties simultaneously. Either party may request clarification of elements of the DRBDRA's report from the DRB DRA prior to responding to the report. The DRB DRA shall consider any clarification request only if submitted within 10 5 days of receipt of the DRBDRA's report, and if submitted simultaneously in writing to both the DRB DRA and the other party. Each party may submit only one request for clarification for any individual DRB DRA report. The DRB DRA shall respond, in writing, to requests for clarification within 10 5 days of receipt of such requests. 9. f. Either party may seek a reconsideration of the DRBDRA's recommendation. The DRB DRA shall only grant reconsideration based upon submission of new evidence and if the request is submitted within the 30 10 day time limit specified for response to the DRBDRA's written report. Each party may submit only one request for reconsideration regarding an individual DRB DRA recommendation. The DRB shall respond, in writing, to requests for reconsideration within 10 days of receipt of such requests. 10. g. If the parties are able to resolve settle their dispute with the aid of the DRBDRA's report, the Department STATE and the Contractor CONTRACTOR shall promptly accept and implement the resolutionsettlement of the parties. If the parties cannot agree on the time or payment adjustment compensation within 60 30 days of the acceptance by both parties of the recommendationsettlement, either party may request that the DRB recommend an adjustmentDRA to make a recommendation regarding compensation.

Traditional Dispute Meeting. Procedure 1. Within 21 5 business days after receiving the Department’s written response to the Contractor’s supplemental potential claim record, the Contractor shall refer the dispute to the DRB DRA if the Contractor wishes to further pursue the dispute. When facilitated dispute resolution is included in the partnering charter, the referral shall be within 41 days. The Contractor shall make the referral in writing to the DRBDRA, simultaneously copied to the Department. The written dispute referral shall describe the disputed matter in individual discrete segments, so that it will be clear to both parties and the DRB DRA what discrete elements of the dispute have been resolved, and which remain unresolved, and shall include an estimate of the cost of the affected work and impacts, if any, on project completion. 2. The parties shall each be afforded an opportunity to be present and to be heard by the DRBDRA, and to offer evidence. Either party furnishing written evidence or evidenceor documentation to the DRB DRA must furnish copies of such information to the DRB Chair a minimum of 15 10 days prior to the date the DRB DRA is scheduled to convene the meeting for the dispute. A copy of all evidence and documentation shall be simultaneously submitted to the other party. 3. Either party shall produce such additional evidence as the DRB DRA may deem necessary to reach an understanding and a determination of the dispute. The party furnishing additional evidence shall furnish copies of such additional evidence to the other party at the same time the evidence is provided to the DRBDRA. The DRB DRA shall not consider evidence not furnished in conformance with the terms specified herein. 4. Upon receipt by the DRB DRA of a written referral of a dispute, the DRB DRA shall convene to review and consider the dispute. The dispute meeting shall be held no earlier than 30 days and no later than 60 25 days after receipt of the written referral unless otherwise agreed to by all parties. 5. The DRB DRA may request clarifying information of either party within 10 5 business days after the dispute meeting. Requested information, shall be specific to this Contract and shall be submitted to the DRB DRA within 10 5 business days of the DRB DRA request. 6. The DRB DRA shall furnish a written report to the parties with its conclusion(s) and recommendation(s). The DRB DRA shall complete its report, including minority recommendation, if any, report and submit it to the parties within 30 10 days of the dispute meeting, except that time extensions may be granted at the request of the DRB DRA with the written concurrence of the parties. The report shall summarize the facts considered, the specific Contract documents/provisions relied upon, statute or regulation viewed by the DRB DRA as pertinent to the dispute, and the DRBDRA's interpretation and reasoning in arriving at its conclusion(s) and recommendation(s) and, if requested, recommend guidelines for determining adjustmentscompensation. The DRBDRA's written recommendation opinion shall stand on its own, without attachments or appendices. The DRB Chair DRA shall furnish a copy of the written report to the ADR Engineer, Division of Construction, MS 44, X.X. Xxx 000000, Xxxxxxxxxx, XX 00000Engineer at XXX.Xxxxxxxx@xxx.xx.xxx. 7. Within 30 10 days after receiving the DRBDRA's report, the parties shall respond to the DRB DRA in writing (with a copy sent simultaneously to the other party) signifying that the dispute is either resolved or remains unresolved. The response shall be specific as to the reason(s) why the dispute remains unresolved. Failure to provide the written response within the time specified, shall conclusively indicate that the party(s) failing to respond accepts the DRB DRA recommendation. 8. Either party may request clarification of elements of the DRBDRA's report from the DRB DRA prior to responding to the report. The DRB DRA shall consider any clarification request only if submitted within 10 5 business days of receipt of the DRBDRA's report, and if submitted simultaneously in writing to both the DRB DRA and the other party. Each party may submit only one request for clarification for any individual DRB DRA report. The DRB DRA shall respond, in writing, to requests for clarification within 10 5 business days of receipt of such requests. 9. Either party may seek a reconsideration of the DRBDRA's recommendation. The DRB DRA shall only grant reconsideration based upon submission of new evidence -- evidence which came to light after the dispute meeting -- and if the request is submitted within the 30 10 day time limit specified for response to the DRBDRA's written report. Each party may submit only one request for reconsideration regarding an individual DRB DRA recommendation. The DRB shall respond, in writing, to requests for reconsideration within 10 days of receipt of such requests. 10. If the parties are able to resolve their dispute with the aid of the DRBDRA's report, the Department and the Contractor shall promptly accept and implement the resolution. If the parties cannot agree on the time or payment adjustment within 60 30 days of the acceptance by both parties of the recommendation, either party may request that the DRB DRA recommend an adjustment.

Traditional Dispute Meeting. ProcedureThe following procedure shall be used for the traditional dispute meeting: 1. a. Within 21 days after receiving the Department’s STATE's written response to the Contractor’s CONTRACTOR's supplemental potential claim record, the Contractor CONTRACTOR shall refer the dispute to the DRB if the Contractor CONTRACTOR wishes to further pursue the dispute. When facilitated dispute resolution is included in the partnering charter, the referral shall be within 41 days. The Contractor CONTRACTOR shall make the referral in writing to the DRB, simultaneously copied to the DepartmentSTATE. The written dispute referral shall describe the disputed matter in individual discrete segments, so that it will be clear to both parties and the DRB what discrete elements of the dispute have been resolved, and which remain unresolved, and shall include an estimate of the cost of the affected work and impacts, if any, on project completion. 2. b. The parties shall each be afforded an opportunity to be present and to be heard by the DRB, and to offer evidence. Either party furnishing written evidence or documentation to the DRB must furnish copies of such information to the DRB Chair other party a minimum of 15 days prior to the date the DRB is scheduled to convene the meeting for the dispute. A copy of all evidence and documentation shall be simultaneously submitted to the other party. 3. Either party shall produce such additional evidence as the DRB may deem necessary to reach an understanding and a determination of the dispute. The party furnishing additional evidence shall furnish copies of such additional evidence to the other party at the same time the evidence is provided to the DRB. The DRB shall not consider evidence not furnished in conformance with the terms specified herein. 4. c. Upon receipt by the DRB of a written referral of a dispute, the DRB shall convene to review and consider the dispute. The dispute meeting shall be held no earlier than 30 days and no later than 60 days after receipt of the written referral unless otherwise agreed to by all parties. 5. d. The DRB may request clarifying information of either party within 10 days after the dispute meeting. Requested information, shall be specific to this Contract and information shall be submitted to the DRB within 10 days of the DRB request. 6. e. The DRB shall furnish a written report to the parties with its conclusion(s) and recommendation(s). The DRB shall complete its report, including minority recommendationopinion, if any, and submit it to the parties within 30 days of the dispute meeting, except that time extensions may be granted at the request of the DRB with the written concurrence of the parties. The report shall summarize the facts considered, the specific Contract documents/provisions relied uponcontract language, statute law or regulation viewed by the DRB as pertinent to the dispute, and the DRB's interpretation and reasoning in arriving at its conclusion(s) and recommendation(s) and, if requestedappropriate, recommend recommends guidelines for determining adjustmentscompensation. The DRB's written recommendation opinion shall stand on its own, without attachments or appendices. The DRB Chair Chairperson shall furnish a copy of the written recommendation report to the ADR EngineerDRB Coordinator, Division of Construction, MS 44, X.X. Xxx 000000, Xxxxxxxxxx, XX 00000. 7. f. Within 30 days after receiving the DRB's report, the parties shall respond to the DRB in writing (with a copy sent simultaneously to the other party) signifying that the dispute is either resolved or remains unresolved. The response shall be specific as to the reason(s) why the dispute remains unresolved. Failure to provide the written response within the time specified, or a written rejection of the DRB's recommendation or a written response requesting the DRB reconsider their recommendation, shall conclusively indicate that the party(s) failing to respond accepts the DRB recommendation. 8. Immediately after responses have been received from both parties, the DRB shall provide copies of both responses to the parties simultaneously. Either party may request clarification of elements of the DRB's report from the DRB prior to responding to the report. The DRB shall consider any clarification request only if submitted within 10 days of receipt of the DRB's report, and if submitted simultaneously in writing to both the DRB and the other party. Each party may submit only one request for clarification for any individual DRB report. The DRB shall respond, in writing, to requests for clarification within 10 days of receipt of such requests. 9. g. Either party may seek a reconsideration of the DRB's recommendation. The DRB shall only grant reconsideration based upon submission of new evidence and if the request is submitted within the 30 day time limit specified for response to the DRB's written report. Each party may submit only one request for reconsideration regarding an individual DRB recommendation. The DRB shall respond, in writing, to requests for reconsideration within 10 days of receipt of such requests. 10. h. If the parties are able to resolve settle their dispute with the aid of the DRB's report, the Department STATE and the Contractor CONTRACTOR shall promptly accept and implement the resolutionsettlement of the parties. If the parties cannot agree on the time or payment adjustment compensation within 60 days of the acceptance by both parties of the recommendationsettlement, either party may request that the DRB recommend an adjustmentto make a recommendation regarding compensation.

Traditional Dispute Meeting. ProcedureThe following procedure shall be used for the traditional dispute meeting: 1. Within a. If after the meet and confer requirements of California Public Contract Code 9204 there are portions of a claim that are still in dispute, within 21 days after receiving the Department’s written response to the Contractor’s supplemental potential claim record, the Contractor CONTRACTOR shall refer the dispute to the DRB if the Contractor CONTRACTOR wishes to further pursue the dispute. When facilitated dispute resolution is included in the partnering charter, the referral shall be within 41 days. The Contractor CONTRACTOR shall make the referral in writing to the DRB, simultaneously copied to the DepartmentCOUNTY. The written dispute referral shall describe the disputed matter in individual discrete segments, so that it will be clear to both parties and the DRB what discrete elements of the dispute have been resolved, and which remain unresolved, and shall include an estimate of the cost of the affected work and impacts, if any, on project completion. 2. b. The parties shall each be afforded an opportunity to be present and to be heard by the DRB, and to offer evidence. Either party furnishing written evidence or documentation to the DRB must furnish copies of such information to the DRB Chair other party a minimum of 15 days prior to the date the DRB is scheduled to convene the meeting for the dispute. A copy of all evidence and documentation shall be simultaneously submitted to the other party. 3. Either party shall produce such additional evidence as the DRB may deem necessary to reach an understanding and a determination of the dispute. The party furnishing additional evidence shall furnish copies of such additional evidence to the other party at the same time the evidence is provided to the DRB. The DRB shall not consider evidence not furnished in conformance with the terms specified herein. 4. c. Upon receipt by the DRB of a written referral of a dispute, the DRB shall convene to review and consider the dispute. The dispute meeting shall be held no earlier than 30 days and no later than 60 days after receipt of the written referral unless otherwise agreed to by all parties. 5. d. The DRB may request clarifying information of either party within 10 days after the dispute meeting. Requested information, shall be specific to this Contract and information shall be submitted to the DRB within 10 days of the DRB request. 6. e. The DRB shall furnish a written report to the parties with its conclusion(s) and recommendation(s). The DRB shall complete its report, including minority recommendationopinion, if any, and submit it to the parties within 30 days of the dispute meeting, except that time extensions may be granted at the request of the DRB with the written concurrence of the parties. The report shall summarize the facts considered, the specific Contract documents/provisions relied uponcontract language, statute law or regulation viewed by the DRB as pertinent to the dispute, and the DRB's interpretation and reasoning in arriving at its conclusion(s) and recommendation(s) and, if requestedappropriate, recommend recommends guidelines for determining adjustmentscompensation. The DRB's written recommendation opinion shall DocuSign Envelope ID: 6E9ACC5C-0C11-4C9F-B04A-A371A61DAE02 stand on its own, without attachments or appendices. The DRB Chair Chairperson shall furnish a copy of the written recommendation report to the ADR Engineer, Division of Construction, MS 44, X.X. Xxx 000000, Xxxxxxxxxx, XX 00000DRB Coordinator. 7. f. Within 30 days after receiving the DRB's report, the parties shall respond to the DRB in writing (with a copy sent simultaneously to the other party) signifying that the dispute is either resolved or remains unresolved. The response shall be specific as to the reason(s) why the dispute remains unresolved. Failure to provide the written response within the time specified, or a written rejection of the DRB's recommendation or a written response requesting the DRB reconsider their recommendation, shall conclusively indicate that the party(s) failing to respond accepts the DRB recommendation. 8. Immediately after responses have been received from both parties, the DRB shall provide copies of both responses to the parties simultaneously. Either party may request clarification of elements of the DRB's report from the DRB prior to responding to the report. The DRB shall consider any clarification request only if submitted within 10 days of receipt of the DRB's report, and if submitted simultaneously in writing to both the DRB and the other party. Each party may submit only one request for clarification for any individual DRB report. The DRB shall respond, in writing, to requests for clarification within 10 days of receipt of such requests. 9. g. Either party may seek a reconsideration of the DRB's recommendation. The DRB shall only grant reconsideration based upon submission of new evidence and if the request is submitted within the 30 day time limit specified for response to the DRB's written report. Each party may submit only one request for reconsideration regarding an individual DRB recommendation. The DRB shall respond, in writing, to requests for reconsideration within 10 days of receipt of such requests. 10. h. If the parties are able to resolve settle their dispute with the aid of the DRB's report, the Department COUNTY and the Contractor CONTRACTOR shall promptly accept and implement the resolutionsettlement of the parties. If the parties cannot agree on the time or payment adjustment compensation within 60 days of the acceptance by both parties of the recommendationsettlement, either party may request that the DRB recommend an adjustmentto make a recommendation regarding compensation.

Traditional Dispute Meeting. Procedure 1. Within 21 5 business days after receiving the Department’s written response to the Contractor’s supplemental potential claim record, the Contractor shall refer the dispute to the DRB DRA if the Contractor wishes to further pursue the dispute. When facilitated dispute resolution is included in the partnering charter, the referral shall be within 41 days. The Contractor shall make the referral in writing to the DRBDRA, simultaneously copied to the Department. The written dispute referral shall describe the disputed matter in individual discrete segments, so that it will be clear to both parties and the DRB DRA what discrete elements of the dispute have been resolved, and which remain unresolved, and shall include an estimate of the cost of the affected work and impacts, if any, on project completion. 2. The parties shall each be afforded an opportunity to be present and to be heard by the DRBDRA, and to offer evidence. Either party furnishing written evidence or documentation to the DRB DRA must furnish copies of such information to the DRB Chair a minimum of 15 10 days prior to the date the DRB DRA is scheduled to convene the meeting for the dispute. A copy of all evidence and documentation shall be simultaneously submitted to the other party. 3. Either party shall produce such additional evidence as the DRB DRA may deem necessary to reach an understanding and a determination of the dispute. The party furnishing additional evidence shall furnish copies of such additional evidence to the other party at the same time the evidence is provided to the DRBDRA. The DRB DRA shall not consider evidence not furnished in conformance with the terms specified herein. 4. Upon receipt by the DRB DRA of a written referral of a dispute, the DRB DRA shall convene to review and consider the dispute. The dispute meeting shall be held no earlier than 30 days and no later than 60 25 days after receipt of the written referral unless otherwise agreed to by all parties. 5. The DRB DRA may request clarifying information of either party within 10 5 business days after the dispute meeting. Requested information, shall be specific to this Contract and shall be submitted to the DRB DRA within 10 5 business days of the DRB DRA request. 6. The DRB DRA shall furnish a written report to the parties with its conclusion(s) and recommendation(s). The DRB DRA shall complete its report, including minority recommendation, if any, report and submit it to the parties within 30 10 days of the dispute meeting, except that time extensions may be granted at the request of the DRB DRA with the written concurrence of the parties. The report shall summarize the facts considered, the specific Contract documents/provisions relied upon, statute or regulation viewed by the DRB DRA as pertinent to the dispute, and the DRBDRA's interpretation and reasoning in arriving at its conclusion(s) and recommendation(s) and, if requested, recommend guidelines for determining adjustmentscompensation. The DRBDRA's written recommendation opinion shall stand on its own, without attachments or appendices. The DRB Chair DRA shall furnish a copy of the written report to the ADR Engineer, Division of Construction, MS 44, X.X. Xxx 000000, Xxxxxxxxxx, XX 00000. 7. Within 30 10 days after receiving the DRBDRA's report, the parties shall respond to the DRB DRA in writing (with a copy sent simultaneously to the other party) signifying that the dispute is either resolved or remains unresolved. The response shall be specific as to the reason(s) why the dispute remains unresolved. Failure to provide the written response within the time specified, shall conclusively indicate that the party(s) failing to respond accepts the DRB DRA recommendation. 8. Either party may request clarification of elements of the DRBDRA's report from the DRB DRA prior to responding to the report. The DRB DRA shall consider any clarification request only if submitted within 10 5 business days of receipt of the DRBDRA's report, and if submitted simultaneously in writing to both the DRB DRA and the other party. Each party may submit only one request for clarification for any individual DRB DRA report. The DRB DRA shall respond, in writing, to requests for clarification within 10 5 business days of receipt of such requests. 9. Either party may seek a reconsideration of the DRBDRA's recommendation. The DRB DRA shall only grant reconsideration based upon submission of new evidence -- evidence which came to light after the dispute meeting -- and if the request is submitted within the 30 10 day time limit specified for response to the DRBDRA's written report. Each party may submit only one request for reconsideration regarding an individual DRB DRA recommendation. The DRB shall respond, in writing, to requests for reconsideration within 10 days of receipt of such requests. 10. If the parties are able to resolve their dispute with the aid of the DRBDRA's report, the Department and the Contractor shall promptly accept and implement the resolution. If the parties cannot agree on the time or payment adjustment within 60 30 days of the acceptance by both parties of the recommendation, either party may request that the DRB DRA recommend an adjustment.

Traditional Dispute Meeting. Procedure 1. Within 21 days after receiving the Department’s written response to the Contractor’s supplemental potential claim record, the Contractor shall refer the dispute to the DRB if the Contractor wishes to further pursue the dispute. When facilitated dispute resolution is included in the partnering charter, the referral shall be within 41 days. The Contractor shall make the referral in writing to the DRB, simultaneously copied to the Department. The written dispute referral shall describe the disputed matter in individual discrete segments, so that it will be clear to both parties and the DRB what discrete elements of the dispute have been havebeen resolved, and which remain unresolved, and shall include an estimate of the cost of the affected work and impacts, if any, on project completion. 2. The parties shall each be afforded an opportunity to be present and to be heard by the DRB, and to offer evidence. Either party furnishing written evidence or documentation to the DRB must furnish copies of such information to the DRB Chair a minimum of 15 days prior to the date the DRB is scheduled to convene the meeting for the dispute. A copy of all evidence and documentation shall be simultaneously submitted to the other party. 3. Either party shall produce such additional evidence as the DRB may deem necessary to reach an understanding and a determination of the dispute. The party furnishing additional evidence shall furnish copies of such additional evidence to the other party at the same time the evidence is provided to the DRB. The DRB shall not consider evidence not furnished in conformance with the terms specified herein. 4. Upon receipt by the DRB of a written referral of a dispute, the DRB shall convene to review and consider the dispute. The dispute meeting shall be held no earlier than 30 days and no later than 60 days after receipt of the written referral unless otherwise agreed to by all parties. 5. The DRB may request clarifying information of either party within 10 days after the dispute meeting. Requested information, shall be specific to this Contract and shall be submitted to the DRB within 10 days of the DRB request. 6. The DRB shall furnish a written report to the parties with its conclusion(s) and recommendation(s). The DRB shall complete its report, including minority recommendation, if any, and submit it to the parties within 30 days of the dispute meeting, except that time extensions may be granted at the request of the DRB with the written concurrence of the parties. The report shall summarize the facts considered, the specific Contract documents/provisions relied upon, statute or regulation viewed by the DRB as pertinent to the dispute, and the DRB's interpretation and reasoning in arriving at its conclusion(s) and recommendation(s) and, if requested, recommend guidelines for determining adjustments. The DRB's written recommendation shall stand on its own, without attachments or appendices. The DRB Chair shall furnish a copy of the written report to the ADR Engineer, Division of Construction, MS 44, X.X. Xxx 000000, Xxxxxxxxxx, XX 00000Engineer at XXX.Xxxxxxxx@xxx.xx.xxx. 7. Within 30 days after receiving the DRB's report, the parties shall respond to the DRB in writing (with a copy sent simultaneously to the other party) signifying that the dispute is either resolved or remains unresolved. The response shall be specific as to the reason(s) why the dispute remains unresolved. Failure to provide the written response within the time specified, shall conclusively indicate that the party(s) failing to respond accepts the DRB recommendation. 8. Either party may request clarification of elements of the DRB's report from the DRB prior to responding to the report. The DRB shall consider any clarification request only if submitted within 10 days of receipt of the DRB's report, and if submitted simultaneously in writing to both the DRB and the other party. Each party may submit only one request for clarification for any individual DRB report. The DRB shall respond, in writing, to requests for clarification within 10 days of receipt of such requests. 9. Either party may seek a reconsideration of the DRB's recommendation. The DRB shall only grant reconsideration based upon submission of new evidence and if the request is submitted within the 30 day time limit specified for response to the DRB's written report. Each party may submit only one request for reconsideration regarding an individual DRB recommendation. The DRB shall respond, in writing, to requests for reconsideration within 10 days of receipt of such requests. 10. If the parties are able to resolve their dispute with the aid of the DRB's report, the Department and the Contractor shall promptly accept and implement the resolution. If the parties cannot agree on the time or payment adjustment within 60 days of the acceptance by both parties of the recommendation, either party may request that the DRB recommend an adjustment.