Common use of RESOLUTION OF CONSTRUCTION CLAIMS Clause in Contracts

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.

Appears in 55 contracts

Samples: Field Contract, Field Contract, Field Contract

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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 Workwork. 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.

Appears in 35 contracts

Samples: Time and Materials Service Contract, Time and Materials Service Contract, Time and Materials Service Contract

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