ARCHIVED REPORTS_2006_3 - Laserfiche WebLink

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SECTION 7 (4/90) 7-1.06 CONSTRUCTION CLAIM PROCEDURES.--Attention is directed to Sections 4-1.03, "Changes"; 8-1.06, "Time of Completion"; 9-1.04, "Notice of Potential Claim"; 9-1.07 "Payment After Acceptance", and 9-1 A 0, "Arbitration," of the Standard Specifications; and Section 1, "Specifications and Plans," of the special provisions. The above provisions, as modified herein, shall be utilized as the remedy procedures for any disputes or claims arising under or related to performance of the contract. The secondara ra h of Section 9-1.10, "Arbitration," of the Standard P g P Specifications shall be amended to read as follows: Claims demands for monetary compensation or damages) arising under or ( rY P relating to performance of the contract shall be resolved by litigating the claim in a court of competent jurisdiction. Provided, however, if the Department and the Contractor mutually agree, in writing, to submit the claim to arbitration, the matter will go directly to arbitration proceedings. The agreement to pursue the matter through arbitration shall be the parties' sole legal recourse such that the parties may not subsequently litigate the matter in any court proceeding except as to enforcement of the arbitration award or as otherwise provided in this section. in writing b the parties, shall be pursuant to Arbitration, if expressly agreed upon g y P the provisions of California Code of Civil Procedure Section 1280 et seq., except wherever there are inconsistencies with those provisions and this section, this section shall prevail. The arbitrator's award shall be decided under and in accordance with the laws of this State, supported by law and substantial evidence and, in writing, contain the basis for the decision, findings of fact and conclusions of law. In addition to vacating an award on the grounds set out in Sections 1286.2 and 1286.4 of the California Code of Civil Procedure, a court shall vacate the award if after review of the award it determines either that the award is not properly supported by substantial evidence or that it is based in whole or in part by an error of law. The arbitrator shall have jurisdiction over the procedures and substantive matters relating to the claim as set out in the arbitration submittal agreement executed by the parties. 7-2 (SPEMCO-7-2)