Common use of Statutory Dispute Resolution Clause in Contracts

Statutory Dispute Resolution. If and to the extent this Agreement is determined to be a “public works contract” as that term is defined in the Public Contract Code, then the provisions of Public Contract Code Section 9204 and, to the extent applicable, Public Contract Code Section 20104 et seq. (collectively, the “Dispute Resolution Provisions”), shall be incorporated herein and shall apply to any claim by the Construction Manager arising out of the CM Services (each a “Claim”). The Dispute Resolution Provisions are incorporated herein by this reference. The Dispute Resolution Provisions require that any such Claim be in writing, served by registered or certified mail with return receipt requested, and supported by reasonable documentation of the basis for the Claim. The Construction Manager must file any and all Claims prior to submitting to the District an invoice for final payment for the Work. The District shall respond in writing to each Claim in writing within forty- five days following receipt of the Claim and shall pay any undisputed portion of the Claim as required pursuant to the Dispute Resolution Provisions. If the Construction Manager disputes the District’s response to a Claim, or the District does not timely respond to a Claim, the Construction Manager may submit to the District a written demand to meet and informally confer regarding settlement of the Claim. In such event, the District shall schedule such meeting to occur within thirty days following receipt by the District of the written demand. If, following such meeting, any portion of the Claim remains in dispute, the Parties shall submit the Claim to non-binding mediation as required by the Dispute Resolution Provisions. If a Claim for $375,000 or less remains in dispute following such mediation, and a civil action is commenced to resolve the Claim, judicial arbitration shall be required pursuant to Public Contract Code Section 20104.4. The Construction Manager should review Public Contract Code Sections 9204 and 20104 et seq. if the Construction Manager desires additional details regarding the Dispute Resolution Provisions.

Statutory Dispute Resolution. If and to the extent this Agreement is determined to be a “public works contract” as that term is defined in the Public Contract Code, then the provisions of Public Contract Code Section 9204 and, to the extent applicable, Public Contract Code Section 20104 et seq. (collectively, the “Dispute Resolution Provisions”), shall be incorporated herein and shall apply to any claim by the Construction Manager arising out of the CM Services (each a “Claim”). The Dispute Resolution Provisions are incorporated herein by this reference. The Dispute Resolution Provisions require that any such Claim be in writing, served by registered or certified mail with return receipt requested, and supported by reasonable documentation of the basis for the Claim. The Construction Manager must file any and all Claims prior to submitting to the District an invoice for final payment for the Work. The District shall respond in writing to each Claim in writing within forty- forty-five days following receipt of the Claim and shall pay any undisputed portion of the Claim as required pursuant to the Dispute Resolution Provisions. If the Construction Manager disputes the District’s response to a Claim, or the District does not timely respond to a Claim, the Construction Manager may submit to the District a written demand to meet and informally confer regarding settlement of the Claim. In such event, the District shall schedule such meeting to occur within thirty days following receipt by the District of the written demand. If, following such meeting, any portion of the Claim remains in dispute, the Parties shall submit the Claim to non-binding mediation as required by the Dispute Resolution Provisions. If a Claim for $375,000 or less remains in dispute following such mediation, and a civil action is commenced to resolve the Claim, judicial arbitration shall be required pursuant to Public Contract Code Section 20104.4. The Construction Manager should review Public Contract Code Sections 9204 and 20104 et seq. if the Construction Manager desires additional details regarding the Dispute Resolution Provisions.