Examples of Disputes Review Board in a sentence
Further, under (b) herein, any previous Disputes Review Board determinations on any such 5-12.3 claims issues shall then be fully binding and not subject to reconsideration by the Disputes Review Board, regardless of whether either party has previously rejected or otherwise not accepted one or more such recommendations at the time such were rendered.
The determinations of the Disputes Review Board as to any such 5-12.3 claims will be fully binding on both the Department and the Contractor, with no right of any kind of challenge, review or appeal, in any forum, by either party.
Deliver in-hand to the Department any and all claims, in full accordance with 5-12.3 and subject to the limitations therein, no later than 60 calendar days after completion of the work on which such claim is based and tentatively schedule a Disputes Review Board hearing while awaiting Department review and response to any such claim.
The sole forum for final determination as to both entitlement and amount of monetary compensation, if not otherwise mutually resolved or otherwise agreed, shall be the Disputes Review Board.
Further, in such instances, the Department’s determination as to entitlement as to either time or compensability will be final, unless the Contractor can prove by clear and convincing evidence to a Disputes Review Board that the Department’s determination was without any reasonable factual basis.
No later than 60 days after final acceptance by the Department, the Contractor must either (a) elect to be paid the “incentive payment” pursuant to (4) below, or (b) notify the Department in writing that the Contractor is electing to be paid the “incentive payment” and is reserving one or more outstanding 5-12.3 claims for final and fully binding determination by the Disputes Review Board.
Any disputes regarding the adequacy of the remedial work will be resolved by the Statewide Disputes Review Board.
The Contractor will permit the Engineer and Board access to these and any other records needed for evaluating the disputes and claims.8-3.7.3. Membership: The Disputes Review Board will consist of one member selected by the Department and approved by the Contractor, and one member selected by the Contractor and approved by the Department.
The sole forum for final determination as to both entitlement and amount of monetary compensation, if not otherwise mutually resolved, or otherwise agreed, shall be the Disputes Review Board.
No later than 60 days after final acceptance by the Department, the Contractor must either (a) elect to be paid the “Bonus” pursuant to (4) below, or (b) notify the Department in writing that the Contractor is electing to be paid the “Bonus” and is reserving one or more outstanding 5-12.3 claims for final and fully binding determination by the Disputes Review Board.