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; "
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.
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 Contracts Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in Public Contracts 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. 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.
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.
RESOLUTION OF CONSTRUCTION CLAIMS. The provisions of Public Contract Code Section 9204 are incorporated herein by reference and, to the fullest extent required subcontractor(s) relating to the work. In sum, Pu 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 n 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. Any claims submitted by the Contractor against the Agency for Work covered by this Contract in the amount of $375,000 or less shall be subject to the procedures specified in Public Contract Code § 20104, et seq. 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. 20104. (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.
