Common use of Informal Dispute Resolution Procedure Clause in Contracts

Informal Dispute Resolution Procedure. 1. Should any clarification, determination, action or inaction by County or County consultants, Work, or any other event, in the opinion of Contractor, exceed the requirements of or not comply with the Contract, or otherwise result in Contractor seeking additional compensation in time or money for any reason (collectively “Disputed Work”), then Contractor, before commencing the Disputed Work, or within fourteen (14) days after Contractor’s first knowledge of the Disputed Work, whichever is earlier, shall give County written notice thereof and a cost proposal for the Disputed Work stating clearly and in detail its objection and reasons for contending the Work or interpretation is outside the requirements of the Contract. Contractor and County shall make good faith attempts to resolve informally any and all such issues, claims and/or disputes. If a written notice and cost proposal for the Disputed Work is not issued within this time period, or if Contractor proceeds with the Disputed Work without first having given the notice required by this Section 1.12, Contractor shall waive its rights to further claim on the specific issue. 2. County will review Contractor's timely notice and cost proposal for Disputed Work and provide a decision within thirty (30) days. If, after receiving the decision, Contractor disagrees with it or still considers the Disputed Work required of it to be outside of the requirements of the Contract, it shall so notify County, in writing, within fourteen (14) days after receiving the decision by submitting a Notice of Potential Claim, that a formal Claim will be issued. Within thirty (30) days of receiving the decision, Contractor shall submit its Claim in the form specified herein and all arguments, justification, cost or estimates, schedule analysis, and detailed documentation supporting its position. Contractor's failure to furnish notification within fourteen (14) days and all justifying documentation within thirty (30) days will result in Contractor waiving its right to the subject Claim. Claims or claim updates stating that damages, total damages (direct and indirect), schedule input and/or any time extension will be determined at a later date shall not comply with this Section 1.12.B. and shall result in Contractor waiving its Claim(s). 3. Claims shall be calculated in the same manner as Change Orders. EXCEPT WHERE PROVIDED BY LAW, OR ELSEWHERE IN THIS CONTRACT (IF APPLICABLE), COUNTY SHALL NOT BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES, AND CLAIMS SHALL NOT INCLUDE SPECIAL OR CONSEQUENTIAL DAMAGES. 4. If Contractor fails to file a Claim within the time required by Section 1.12.B.1, then Contractor’s sole remedy is to file an application for leave to file a late claim pursuant to Government Code section 930.4.

Informal Dispute Resolution Procedure. 1. 4.3.2.1 Should any clarification, determination, action or inaction by County or County consultants, Work, or any other event, in the opinion of Contractor, exceed the requirements of or not comply with the Contract, or otherwise result in Contractor seeking additional compensation in time or money for any reason (collectively “Disputed Work”), then Contractor, before commencing the Disputed Work, or within fourteen (14) days after Contractor’s first knowledge of the Disputed Work, whichever is earlier, shall give County written notice thereof and a cost proposal for the Disputed Work stating clearly and in detail its objection and reasons for contending the Work or interpretation is outside the requirements of the Contract. Contractor and County shall make good faith attempts to resolve informally any and all such issues, claims and/or disputes. If a written notice and cost proposal for the Disputed Work is not issued within this time period, or if the Contractor proceeds with the Disputed Work without first having given the notice required by this Section 1.124.3, the Contractor shall waive its rights to further claim on the specific issue. 2. 4.3.2.2 County will review Contractor's timely notice and cost proposal for Disputed Work and provide a decision within thirty (30) days. If, after receiving the decision, Contractor disagrees with it or still considers the Disputed Work required of it to be outside of the requirements of the Contract, it shall so notify County, in writing, within fourteen (14) days after receiving the decision by submitting a Notice of Potential Claim, that a formal Claim will be issued. Within thirty (30) days of receiving the decision, Contractor shall submit its Claim in the form specified herein and all arguments, justification, cost or estimates, schedule analysis, and detailed documentation supporting its position. Contractor's failure to furnish notification within fourteen (14) days and all justifying documentation within thirty (30) days will result in Contractor waiving its right to the subject Claim. Claims or claim updates stating that damages, total damages (direct and indirect), schedule input and/or any time extension will be determined at a later date shall not comply with this Section 1.12.B. 4.3.2 and shall result in Contractor waiving its Claim(s). 3. 4.3.2.3 Claims shall be calculated in the same manner as Change Orders. EXCEPT WHERE PROVIDED BY LAW, OR ELSEWHERE IN THIS CONTRACT (IF APPLICABLE), COUNTY SHALL NOT BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES, AND CLAIMS SHALL NOT INCLUDE SPECIAL OR CONSEQUENTIAL DAMAGES. 4. 4.3.2.4 If Contractor fails to file a Claim within the time required by Section 1.12.B.14.3.2.1, then Contractor’s sole remedy is to file an application for leave to file a late claim pursuant to Government Code section 930.4.