Contract Claim
AlabamaContract Claims Procedure:
Contract Claims Procedure
Status:
No Official Guidance
AlaskaContract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
AK ST § 36.30.620
Citation Language:
(a) A contractor shall file a claim concerning a contract awarded under this chapter with the procurement officer. The contractor shall certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of the contractor's knowledge and belief, and that the amount requested accurately reflects the contract adjustment for which the contractor believes the state is liable. Except for a lease rate adjustment called for in the lease, a claim under this section must be filed within 90 days after the contractor becomes aware of the basis of the claim or should have known the basis of the claim, whichever is earlier. A lease rate adjustment called for in the lease must be filed prior to the expiration date of the lease. (b) If a claim asserted concerning a contract awarded under this chapter cannot be resolved by agreement, the procurement officer shall, after receiving a written request by the contractor for a decision, issue a written decision. The procurement officer shall make the decision not more than 90 days after receipt of all necessary information from the contractor....
Public Link:
ArizonaContract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
AZ ADC R2-7-B901
Citation Language:
A. A claimant shall file a contract claim with the agency chief procurement officer, with a copy to the state procurement administrator, within 180 days after the claim arises. The claim shall include the following: 1. The name, address, and telephone number of the claimant; 2. The signature of the claimant or claimant's representative; 3. Identification of the purchasing agency and the solicitation or contract number; 4. A detailed statement of the legal and factual grounds of the claim including copies of the relevant documents; and 5. The form and dollar amount of the relief requested. B. The agency chief procurement officer shall have the authority to settle and resolve contract claims, except that the agency chief procurement officer shall receive prior written approval of the state procurement administrator for the settlement or resolution of a claim in excess of the amount prescribed in A.R.S. § 41-2535.
ArkansasContract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
AR ST § 19-11-246
Citation Language:
(a) Applicability. This section applies to controversies between the state and a contractor which arise under or by virtue of a contract between them. This includes, without limitation, controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modifications or rescission. (b)(1) The State Procurement Director, the head of a procurement agency, or a designee of either officer is authorized, prior to commencement of an action in a court or any other action provided by law concerning the controversy, to settle and resolve a controversy described in subsection (a) of this section. (2) This authority shall be exercised in accordance with the law governing the Arkansas State Claims Commission and the rules promulgated by the director. (c)(1) If such a claim or controversy is not resolved by mutual agreement, and after reasonable notice to the contractor and reasonable opportunity for the contractor to present the claim or controversy in accordance with the rules promulgated by the director, the head of a procurement agency, the director, or the designee of either officer shall promptly issue a decision in writing. (2) The decision shall state the reasons for the action taken. (d) A copy of the decision under subsection (c) of this section shall be mailed or otherwise furnished immediately to the contractor. (e) The decision under subsection (c) of this section shall be final and conclusive. (f) If the director, the head of a procurement agency, or the designee of either officer does not issue the written decision required under subsection (c) of this section within one hundred twenty (120) days after written request for a final decision, or within such longer period as may be agreed upon by the parties, then the contractor may proceed as if an adverse decision has been received.
CaliforniaContract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
CA PUB CONT § 19100
Citation Language:
(a) Presentation of a claim pursuant to Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code is not required to commence a legal action or arbitration proceeding for money or damages on a contract with the state, but any action or proceeding shall be commenced not later than six months after either of the following: (1) The contracting agency's final written decision under contract claim provisions. (2) The accrual of the cause of action, if there are no contract claim provisions. (b) This section shall not apply to a claim that is subject to the provisions of Section 10240.1.
ColoradoContract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
CO ST § 24-109-101.5
Citation Language:
(1) The procurement official or his or her designee is authorized to settle and resolve any questions regarding: (a) Any protest concerning the solicitation or award of a contract; (b) Debarment or suspension from consideration for award of contracts; and (c) Any controversy arising between the state and a contractor by virtue of a contract between them, including, without limitation, controversies based upon breach of contract, mistake, misrepresentation, or any other cause for contract modification or rescission. (2) Any decision of the procurement official or his or her designee with respect to a material issue raised in a protest is subject to appeal pursuant to part 2 of this article 109. (3) Except for appeals referred to the office of administrative courts pursuant to section 24-109-201, the provisions of section 24-4-105 shall not apply to the administrative procedures established pursuant to this article 109.
ConnecticutContract Claims Procedure:
Contract Claims Procedure
Status:
No Official Guidance
DelawareContract Claims Procedure:
Contract Claims Procedure
Status:
No Official Guidance
District of ColumbiaContract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
DC CODE § 2-359.08
Citation Language:
(a) All claims by a contractor against the District government arising under or relating to a contract shall be in writing and shall be submitted to the contracting officer for a decision. (b) Within 120 days after receipt of a claim, the contracting officer shall issue a decision, whenever possible taking into account factors such as the size and complexity of the claim and the adequacy of the information in support of the claim provided by the contractor. (c) Any failure by the contracting officer to issue a decision on a contract claim within the required time period shall be deemed to be a denial of the claim and shall authorize the commencement of an appeal on the claim as otherwise provided in this subchapter. (d)(1) If a contractor is unable to support any part of his or her claim and it is determined that the inability is attributable to a material misrepresentation of fact or fraud on the part of the contractor, the contractor shall be liable to the District government for an amount equal to the unsupported part of the claim in addition to all costs to the District government attributable to the cost of reviewing that part of the contractor's claim. (2) Liability under this section shall be determined within 6 years of the commission of the misrepresentation of fact or fraud.
FloridaContract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
FL ST § 337.185
Citation Language:
(1) To facilitate the prompt settlement of claims for additional compensation arising out of construction and maintenance contracts between the department and the various contractors with whom it transacts business, the Legislature does hereby establish the State Arbitration Board, referred to in this section as the “board.” For the purpose of this section, the term “claim” means the aggregate of all outstanding claims by a party arising out of a construction or maintenance contract. Every contractual claim in an amount up to $250,000 per contract or, at the claimant's option, up to $1 million per contract or, upon agreement of the parties, up to $2 million per contract which cannot be resolved by negotiation between the department and the contractor must be arbitrated by the board after acceptance of the project by the department. As an exception, either party to the dispute may request that the claim be submitted to binding private arbitration. A court of law may not consider the settlement of such a claim until the process established by this section has been exhausted. (2) The board shall be composed of three members. One member shall be appointed by the head of the department, and one member shall be elected by those construction or maintenance companies who are under contract with the department. The third member shall be chosen by agreement of the other two members. Whenever the third member has a conflict of interest regarding affiliation with one of the parties, the other two members shall select an alternate member for that hearing. The head of the department may select an alternative or substitute to serve as the department member for any hearing or term. Each member shall serve a 2-year term. The board shall elect a chair, each term, who shall be the administrator of the board and custodian of its records. (3) A hearing may be requested by the department or by a contractor who has a dispute with the department which, under the rules of the board, may be the subject of arbitration. The request is to be made to the board within 820 days after the final acceptance of the work for all contracts entered into after June 30, 1993. The board shall conduct the hearing within 45 days of the request. The party requesting the board's consideration shall give notice of the hearing to each member. If the board finds that a third party is necessary to resolve the dispute, the board may vote to dismiss the claim, which may thereafter be pursued in accordance with the laws of the State of Florida. (4) All members shall be necessary to conduct a meeting. Upon being called into session, the board shall promptly proceed to a determination of the issue or issues in dispute. (5) When a valid contract is in effect defining the rights, duties, and liabilities of the parties with respect to any matter in dispute, the board shall have power only to determine the proper interpretation and application of the contract provisions which are involved. Any investigation made by less than the whole membership of the board shall be by authority of a written directive by the chair, and such investigation shall be summarized in writing and considered by the board as part of the record of its proceedings. (6) The board shall hand down its order within 60 days after it is called into session. If all three members of the board do not agree, the order of the majority will constitute the order of the board. (7) The members of the board may receive compensation for the performance of their duties hereunder, from administrative fees received by the board, except that no employee of the department may receive compensation from the board. The compensation amount shall be determined by the board, but may not exceed $125 per hour, up to a maximum of $1,000 per day for each member authorized to receive compensation. This section does not prevent the member elected by construction or maintenance companies from being an employee of an association affiliated with the industry, even if the sole responsibility of that member is service on the board. Travel expenses for the industry member may be paid by an industry association, if necessary. The board may allocate funds annually for clerical and other administrative services. (8) The party requesting arbitration shall pay a fee to the board in accordance with a schedule established by it, not to exceed $500 per claim which is $25,000 or less, not to exceed $1,000 per claim which is in excess of $25,000 but not exceeding $50,000, not to exceed $1,500 per claim which is in excess of $50,000 but not exceeding $100,000, not to exceed $2,000 per claim which is in excess of $100,000 but not exceeding $200,000, not to exceed $3,000 per claim which is in excess of $200,000 but not exceeding $300,000, not to exceed $4,000 per claim which is in excess of $300,000 but not exceeding $400,000, and not to exceed $5,000 per claim which is in excess of $400,000, to cover the cost of administration and compensation of the board. (9) The board in its order may apportion the fee set out in subsection (8), and the cost of recording and preparing a transcript of the hearing, among the parties in accordance with the board's finding of liability.
Comments:
State Arbitration board allowed to review claims that arise from construction and maintenance contracts (FL S.B. 1194 & FL H.B. 57)
GeorgiaContract Claims Procedure:
Contract Claims Procedure
Status:
No Official Guidance
GuamContract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
GAR 2-4-12-§12103
Citation Language:
(a) The Public Auditor shall have the power to review and determine de novo any matter properly submitted to her or him. The Public Auditor shall not have jurisdiction over disputes having to do with money owed to or by the government of Guam. No prior determination shall be final or conclusive on the Public Auditor. The Public Auditor shall have the power to compel attendance and testimony of, and production of documents by, any employee of the government of Guam, including any employee of any autonomous agency, public corporation or board or commission. The Public Auditor may consider testimony and evidence submitted by any competing bidder, offeror or contractor of the Appellant. The Public Auditor’s jurisdiction shall be utilized to promote the integrity of the procurement process and the purposes of 5 GCA Chapter 5.
HawaiiContract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
HI ADC § 3-125-2
Citation Language:
The right of the contractor to dispute the contract price or time required for performance or both shall not be waived by its performing the work, provided however, that it follows the written notice requirements for disputes and claims established by the contract. (3) Time period for claim. Except as may be provided otherwise by section 103D-501(b), HRS, the contractor must file a written claim disputing the contract price or time provided in a change order within ten days after receipt of a written change order, unless such period for filing is extended by the procurement officer in writing. The requirement for filing a timely written claim cannot be waived and shall be a condition precedent to the assertion of a claim. (4) Claim barred after final payment. No claim by the contractor for an adjustment hereunder shall be allowed if the claim is not received by the procurement officer prior to final payment under this contract. (5) Other claims not barred. In the absence of such a change order, nothing in this clause shall be deemed to restrict the contractor's right to pursue a claim under the contract or for breach of contract.”
IdahoContract Claims Procedure:
Contract Claims Procedure
Status:
No Official Guidance
IllinoisContract Claims Procedure:
Contract Claims Procedure
Status:
No Official Guidance
Citation:
IL ST CH 30 § 557/10
Citation Language:
(4) The contractor may not make a claim for additional costs or time because of a physical condition at the site, unless the contractor has provided notice to the governmental entity under subdivision (1). (5) The contractor may not make a claim for an adjustment after the contractor has received a final payment under the contract.
IndianaContract Claims Procedure:
Contract Claims Procedure
Status:
No Official Guidance
IowaContract Claims Procedure:
Contract Claims Procedure
Status:
No Official Guidance
KansasContract Claims Procedure:
Contract Claims Procedure
Status:
No Official Guidance
KentuckyContract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
KY ST § 45A.230
Citation Language:
Prior to the institution of any action in a court concerning any contract, claim, or controversy, the secretary of the Finance and Administration Cabinet is authorized, subject to any limitations or conditions imposed by regulations, to settle, compromise, pay, or otherwise adjust the claim by or against, or controversy with, a contractor relating to a contract entered into by the Finance and Administration Cabinet on behalf of the Commonwealth or any state agency, including a claim or controversy based on breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission, but excluding any claim or controversy involving penalties or forfeitures prescribed by statute or regulation where an official other than the secretary of the Finance and Administration Cabinet is specifically authorized to settle or determine such controversy.
LouisianaContract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
LA R.S. 39:1685
Citation Language:
A. Scope. This Section applies to a review by the commissioner of a decision under R.S. 39:1673. B. Time limitation on filing an appeal. The aggrieved contractor shall file its appeal with the commissioner within fourteen days of the receipt of the determination under R.S. 39:1673(C). C. Decision. The commissioner shall decide within fourteen days the contract or breach of contract controversy. Any prior determination by the state chief procurement officer or his designee shall not be final or conclusive. D. Notice of decision. A copy of the decision under Subsection C of this Section shall be mailed or otherwise furnished immediately to the contractor. E. Finality of decision. A decision under Subsection C of this Section shall be final and conclusive unless one of the following applies: (1) The decision is fraudulent. (2) The contractor has timely appealed an adverse decision of the commissioner to the court in accordance with R.S. 39:1691(C).
Public Link:
MaineContract Claims Procedure:
Contract Claims Procedure
Status:
No Official Guidance
MarylandContract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
MD ADC 21.10.04.02
Citation Language:
A. Unless a lesser period is prescribed by law or by contract, a contractor shall file a written notice of a claim relating to a contract with the appropriate procurement officer within 30 days after the basis for the claim is known or should have been known, whichever is earlier. B. Contemporaneously with or within 90 days of the filing of a notice of a claim on a construction contract, or 30 days of this filing on a nonconstruction contract, but no later than the date that final payment is made, a contractor shall submit the claim to the appropriate procurement officer. On conditions the procurement officer considers satisfactory to the unit, the procurement officer may extend the time in which a contractor, after timely submitting a notice of claim, must submit a contract claim under a procurement contract for construction. An example of when a procurement officer may grant an extension includes situations in which the procurement officer finds that a contemporaneous or timely cost quantification following the filing of the notice of claim is impossible or impractical. The claim shall be in writing and shall contain: (1) An explanation of the claim, including reference to all contract provisions upon which it is based; (2) The amount of the claim; (3) The facts upon which the claim is based; (4) All pertinent data and correspondence that the contractor relies upon to substantiate the claim; and (5) A certification by a senior official, officer, or general partner of the contractor or the subcontractor, as applicable, that, to the best of the person's knowledge and belief, the claim is made in good faith, supporting data are accurate and complete, and the amount requested accurately reflects the contract adjustment for which the person believes the procurement agency is liable. C. A notice of claim or a claim that is not filed within the time prescribed in Regulation .02 of this chapter shall be dismissed. D. Each procurement contract shall provide notice of the: (1) Time requirements of this regulation; and (2) Acceptable methods of filing a claim, including whether and how claims may be filed by electronic means. E. A claim may be filed by electronic means only if expressly permitted and in the manner specified by the contract.
MassachusettsContract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
815 MA ADC 5.07
Citation Language:
(1) This section applies to: (a) Post-litigation settlements or judgments in contract claims arising from capital projects including: 1. all claims arising from contracts related to capital construction projects funded through bond funds pursuant to M.G.L. c. 29, § 14, including contracts for all phases of project study, design and construction; 2. all claims arising from contracts related to “pool account” capital projects, i.e., bonded projects which include various activities of a certain type, such as asbestos or toxic waste removal; and 3. all claims arising from eminent domain takings in connection with capital projects. (b) Post-litigation settlements and judgments in contract claims arising from agency contracts funded from the agency's annual maintenance appropriation. (2) 815 CMR 5.07 generally does not apply to disputed claims for payment under contracts, whether funded through capital or maintenance appropriations, which are resolved at the administrative level as part of a dispute resolution mechanism of contract management prior to the initiation of litigation. These claims may be paid from funds encumbered for the contract or by the submission of a change order or release or other appropriate encumbering action as appropriate. If such funds are unavailable, payment shall be made pursuant to 815 CMR 5.09 Infra. (3) Notification Procedure When Contract Litigation Instituted. (a) Within 30 days of the institution of litigation on any contract claim, the agency attorney, or other staff person assigned to the matter for the purposes of evaluating the financial risk of the litigation and monitoring its progress, shall submit a report on the claim to the General Counsel of the Comptroller. The report shall be on a form supplied by the Comptroller and include: 1. a description of the claim, including contract and encumbrance identification numbers; 2. the amount of the claim; 3. an evaluation of the potential amount of contingent liability; and 4. an evaluation of the potential for a settlement or likelihood of recovery on the claim. (b) Reports shall be updated once a year by August 1. Where possible, reports shall be prepared in consultation with the Assistant or Special Assistant Attorney General assigned to handle the case. (4) Procedure for payment (a) Contract claims from maintenance appropriations which are settled or ordered to be paid pursuant to litigation in the fiscal year in which funds were encumbered shall be paid from said encumbered funds through the accounts payable period. (b) Any settled pre-litigation claims related to regular maintenance appropriations for which contract funds are unavailable due to the expiration of the accounts payable period, and all post-litigation settlements and judgments in contract matters shall be paid in accordance with the procedures set forth in 815 CMR 5.06 Infra, regarding the payment of settlements and judgments after the initiation of litigation.
Comments:
Contract claims can be made on capital projects.
MichiganContract Claims Procedure:
Contract Claims Procedure
Status:
No Official Guidance
MinnesotaContract Claims Procedure:
Contract Claims Procedure
Status:
No Official Guidance
MississippiContract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
12 MS ADC Pt. 6, R. 6.103
Citation Language:
(1) Applicability This section applies to controversies between the State and a contractor and which arise under, or by virtue of, a contract between them. This includes without limitation controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission. (2) Authority The Chief Procurement Officer, the head of a purchasing agency, or a designee of either officer is authorized to settle and resolve a controversy described in Subsection (1) of this section. (3) Decision If such a controversy is not resolved by mutual agreement, the Chief Procurement Officer, the head of a purchasing agency, or the designee of either officer shall promptly issue a decision in writing. The decision shall: (a) state the reasons for the action taken; and (b) inform the contractor of its right to administrative review as provided in this Chapter. (4) Notice of Decision A copy of the decision under Subsection (3) of this section shall be mailed or otherwise furnished immediately to the contractor. (5) Finality of Decision The decision under Subsection (3) of this section shall be final and conclusive, unless fraudulent, or: (a) the contractor appeals administratively to the Procurement Review Board in accordance with Section 6.206, Contract and Breach of Contract Controversies.
MissouriContract Claims Procedure:
Contract Claims Procedure
Status:
No Official Guidance
MontanaContract Claims Procedure:
Contract Claims Procedure
Status:
No Official Guidance
NebraskaContract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
NE ST § 81-8, 304
Citation Language:
All contract claims shall be filed with the Risk Manager in the manner prescribed by the State Claims Board. Contract claims shall be filed on forms provided by the Risk Manager, and each claimant shall include at least the following information: (1) A copy of the contract allegedly breached; (2) the manner in which the contract was allegedly breached; and (3) the damages incurred as a result of the alleged breach. The Risk Manager shall immediately advise the Attorney General and the contracting agency in writing of the filing of any such claim. The contracting agency shall cause an investigation to be made of all such claims. The Attorney General shall serve as a legal advisor to the State Claims Board on all such claims.
NevadaContract Claims Procedure:
Contract Claims Procedure
Status:
No Official Guidance
New HampshireContract Claims Procedure:
Contract Claims Procedure
Status:
No Official Guidance
New JerseyContract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
NJ ST 59:13-5
Citation Language:
It shall be the responsibility of parties contracting with the State to promptly notify the State in writing of any situation or occurrence which may potentially result in the submission of a claim against the State. Except as otherwise provided in section 6,1 no notice of claim for breach of contract, either express or implied in fact, shall be filed with the contracting agency later than 90 days after the accrual of such claim. A notice of claim shall include the following information: the name of the claimant, the nature of the claim, specific reasons for making the claim, and the total dollar amount of the claim if known. After the expiration of 90 days from the date the notice of claim is received by the contracting agency, the claimant may file suit in a court of competent jurisdiction of the State of New Jersey. In all contract claims against the State, the claimant shall be forever barred from recovering against the State if: a. he fails to notify the appropriate contracting agency within 90 days of accrual of his claim except as otherwise provided in section 6 hereof; or b. he fails to file suit within 2 years of accrual of his claims or within 1 year after completion of the contract giving rise to paid claim, whichever may be later; or c. the claimant accepts personally or through his agent or legal representative any award, compromise or settlement made by the State of New Jersey.
New MexicoContract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
NM ST § 13-4-43
Citation Language:
Once the using agency has determined the existence of a valid claim under the provisions of the Subcontractors Fair Practices Act, the using agency or agent of the using agency may: A. hold a public hearing for the purpose of providing an informal resolution of the dispute by preparing a “form of dispute” which shall be available to all parties. The form shall state concisely, in numbered paragraphs, the matter at issue or dispute which the complainant expects to be determined. The agent or the using agency shall evaluate the issues presented by both sides of the dispute and render a decision within ten days after the hearing, and provide the parties with a written copy of the decision by certified mail, return receipt requested; or B. refer the matter in dispute to be resolved through arbitration.
Comments:
Allowed in public works contracts.
New YorkContract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
Office of General Service's Dispute Resolution Policy
Citation Language:
It is the policy of New York State Procurement Services, a division of the Office of General Services, to provide Interested Parties, as that term is defined herein, with an opportunity to administratively resolve disputes related to Procurement Services bid solicitations, contract awards or contract administration...
North CarolinaContract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
NC ST § 143-135.3
Citation Language:
(a) For purposes of this section, the following shall apply: (1) “Board” shall mean the State of North Carolina or any board, bureau, commission, institution, or other agency of the State, as distinguished from a board or governing body of a subdivision of the State. (2) “A contract for construction or repair work” shall mean any contract for the construction of buildings and appurtenances thereto, including, but not by way of limitation, utilities, plumbing, heating, electrical, air conditioning, elevator, excavation, grading, paving, roofing, masonry work, tile work and painting, and repair work as well as any contract for the construction of airport runways, taxiways and parking aprons, sewer and water mains, power lines, docks, wharves, dams, drainage canals, telephone lines, streets, site preparation, parking areas and other types of construction on which the Department of Administration or The University of North Carolina enters into contracts. (3) “Contractor” shall include any person, firm, association or corporation which has contracted with a State board for architectural, engineering or other professional services in connection with construction or repair work as well as those persons who have contracted to perform such construction or repair work. (b) A contractor who has not completed a contract with a board for construction or repair work and who has not received the amount that contractor claims is due under the contract may submit a verified written claim to the Director of the Office of State Construction of the Department of Administration for the amount the contractor claims is due. The Director may deny, allow, or compromise the claim, in whole or in part. A claim under this subsection is not a contested case under Chapter 150B of the General Statutes. (c) A contractor who has completed a contract with a board for construction or repair work and who has not received the amount that contractor claims is due under the contract may submit a verified written claim to the Director of the Office of State Construction of the Department of Administration for the amount the contractor claims is due. The verified written claim shall be submitted within 60 days after the contractor receives a final statement of the board's disposition of the claim and shall state the factual basis for the claim. The contractor may appear before the Director, either in person or through counsel, to present facts and arguments in support of the verified written claim. The Director may allow, deny, or compromise the verified written claim, in whole or in part. The Director shall give the contractor a final written decision, as provided in subsection (c2) of this section, allowing or denying those portions of the contractor's claim that have not been previously compromised. (c1) A contractor who is dissatisfied with the Director's final written decision on a verified written claim, or any portion of a verified written claim, submitted under subsection (c) of this section may commence a contested case on the claim under Chapter 150B of the General Statutes. The contested case shall be commenced within 60 days of receiving the Director's written statement of the decision. (c2) The verified written claim submitted under subsection (c) of this section shall be disposed of as follows: (1) If the verified written claim was originally for an amount less than one hundred thousand dollars ($100,000), the Director shall investigate and issue a final written decision allowing or denying the verified written claim, in whole or in part, within 120 days of receipt of the contractor's verified written claim. (2) If the verified written claim was originally for an amount of at least one hundred thousand dollars ($100,000) but less than five million dollars ($5,000,000), the Director shall investigate and issue a final written decision allowing or denying the verified claim, in whole or in part, within 180 days of receipt of the contractor's verified written claim. (3) If the verified written claim was originally for an amount of five million dollars ($5,000,000) or more, the Director shall investigate and issue a final written decision allowing or denying the verified written claim, in whole or in part, within 270 days of receipt of the contractor's verified written claim. (c3) Prior to the expiration of the time periods provided for in subsection (c2) of this section, the Director and contractor may, in writing, extend the time in which the Director shall issue a final written decision. The Director's failure to issue a final written decision as provided in subsection (c2) of this section, or at the expiration of the agreed-upon extended time, shall be deemed a denial of the portions of the verified written claim not previously compromised, and the contractor may seek relief on those portions of the verified written claim as provided in subsection (c1) or (d) of this section. (d) As to any portion of a verified written claim that is denied by the Director under subsection (c) of this section, the contractor may, in lieu of the procedures set forth in subsection (c1) of this section, within six months of receipt of the Director's final written decision, institute a civil action for the sum the contractor claims to be entitled to under the contract by filing a verified complaint and the issuance of a summons in the Superior Court of Wake County or in the superior court of any county where the work under the contract was performed. The procedure shall be the same as in all civil actions except that all issues shall be tried by the judge, without a jury. (e) The provisions of this section are part of every contract for construction or repair work made by a board and a contractor. A provision in a contract that conflicts with this section is invalid.
North DakotaContract Claims Procedure:
Contract Claims Procedure
Status:
No Official Guidance
OhioContract Claims Procedure:
Contract Claims Procedure
Status:
Other
Comments:
Ohio statutes waive sovereign immunity, which allows parties to file a claim in the Ohio court of claims.
OklahomaContract Claims Procedure:
Contract Claims Procedure
Status:
No Official Guidance
OregonContract Claims Procedure:
Contract Claims Procedure
Status:
No Official Guidance
PennsylvaniaContract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
PA ST 62 Pa.C.S.A. § 1724
Citation Language:
(a) Exclusive jurisdiction.--The board shall have exclusive jurisdiction to arbitrate claims arising from all of the following: (1) A contract entered into by a Commonwealth agency in accordance with this part and filed with the board in accordance with section 1712.1 (relating to contract controversies). (2) A written agreement executed by a Commonwealth agency and the Office of Attorney General in which the parties expressly agree to utilize the board to arbitrate disputes arising from the agreement. (3) Unless otherwise provided by law, a contract entered into by a Commonwealth agency involving real property interests in which the Commonwealth agency is the respondent.
Puerto RicoContract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
General Services Administration Act for the 2019 Centralization of Puerto Rico Government Procurement. Law No. 73 of 23 July 2019.
Citation Language:
Article 59.- Powers and Duties of the Review Board. The Board The reviewer shall have the following powers and duties: (a) review and adjudicate any objections to the awards on informal auctions conducted by the Assistant Procurement Administration; (b) review and adjudicate any objections to the awards on formal auctions conducted by the Auction Board; (c) review and adjudicate any challenges to the awards on proposals, made by the Auxiliary Administration of Procurement; (d) review and adjudicate any objections to the awards on sealed proposals or qualifications, made by the Board Auctions; (e) holding hearings for oral arguments; (f) issue any order, request, revocation, order in aid of jurisdiction or in paralysis of the procedures, cease and desist order, or resolution that in law is appropriate in the cases before it and to avoid academic rulings. Any decision issued pursuant to an award shall contain findings of fact and conclusions of law; (g) to resolve the cases brought before its consideration, quickly and efficiently, safeguarding rights procedural and substantive matters of the parties; (h) evaluate the written statements made by the contracting agencies submit to the Administrator and/or the declarations submitted by the Administration in those circumstances where the law or permitting or requiring any procedure other than the outlined in this Act; (i) evaluate certifications and any additional documentation referred to you in connection with purchases of and submit to the Administrator a report detailing any purchase that has departed from the legal and regulatory parameters for purchases during an emergency, within a period not exceeding thirty (30) days after the review of such documentation has been initiated by the Review Board; (j) examine a representative sample of the purchases made during a state of emergency to determine whether the were carried out in accordance with the procedures established by law, and regulations for such situations and whether the goods acquired were in fact necessary during the emergency and could legally be acquired in accordance with procedure. Submit to the Administrator a report detailing any purchase that has deviated from the regulatory parameters for purchases during an emergency declared by the Governor, within a period not exceeding forty-five (45) days after the commencement of the examination of such purchases; (k) in the performance of its review function imposed by this Act, any member of the Board of Review may issue subpoenas requiring the appearance of any official with expert testimony in the matter of discussion, person, witness, deposition, or the presentation of all kinds of evidence in accordance with the law including the delivery of samples or the inspection of products; (l) maintain a complete file documenting the events that occurred in the case; (m) any member of the Review Board may be sworn in; n) demand, through any of its members, compliance with summonses issued by appearing before any Chamber of the Court of First Instance and request that the Court of First Instance order compliance with it. The Court of First Instance shall preference to the course and dispatch of such a petition. The Court of First Instance The court shall have the power to find any party in contempt, for disobedience of such orders. Any person may be prosecuted and convicted of perjury committed by giving false testimony to the Board Reviewer; and (o) any other power, function or duty that this Act or by regulation as assigned to it.
Rhode IslandContract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
RI ST § 37-2-49
Citation Language:
(a) Section 37-2-48 shall apply only to contracts that are not arbitrable under the provisions of chapter 16 of this title. (b) Any person, firm, or corporation having a lawfully authorized written contract with the state at the time of or after January 1, 1990 may bring an action against the state on the contract, including, but not limited to, actions either for breach of contract, enforcement of contract, or both. Any claim shall be commenced in superior court within three (3) years from the date of completion specified in the contract and shall be tried by the court sitting without a jury. The case shall receive a priority position on the calendar. All defenses in law or equity, except the defense of governmental immunity, shall be preserved to the state. (c) The court shall enter its findings as a judgment of the court and the judgment shall have the same effect and be enforceable as any other judgment of the court in civil cases, subject to the provisions of this chapter. (d) Appeals may be taken to the supreme court under the same conditions and under the same practice as appeals are taken from judgments in civil cases rendered by the superior court. (e) If damages awarded on any contract claim under this section exceed the original amount of the contract, the excess shall be limited to an amount which is equal to the amount of the original contract. (f) No person, firm, or corporation shall be permitted more than one money recovery upon a claim for the enforcement of or for breach of contract with the state.
South CarolinaContract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
SC Code Ann § 11-35-4230
Citation Language:
(1) Applicability. This section applies to controversies between a governmental body and a contractor or subcontractor, when the subcontractor is the real party in interest, which arise under or by virtue of a contract between them including, but not limited to, controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission. The procedure set forth in this section constitutes the exclusive means of resolving a controversy between a governmental body and a contractor or subcontractor, when the subcontractor is the real party in interest, concerning a contract governed by the provisions of the South Carolina Consolidated Procurement Code. On behalf of any governmental body or South Carolina public procurement unit that participates in a multiagency, term, or cooperative contract awarded by or under the authority of a chief procurement officer, the Division of Procurement Services may initiate and pursue resolution of any contract controversy which arises under or by virtue of a contract between them including, but not limited to, controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission. (2) Request for Resolution; Time for Filing. Either the contracting state agency or the contractor or subcontractor, when the subcontractor is the real party in interest, may initiate resolution proceedings before the appropriate chief procurement officer by submitting a request for resolution to the appropriate chief procurement officer in writing setting forth the specific nature of the controversy and the specific relief requested with enough particularity to give notice of every issue to be decided. A request for resolution of contract controversy must be filed within one year after the date the contractor last performs work under the contract or within one year after the claim accrues, whichever is later; except that in the case of latent defects a request for resolution of a contract controversy must be filed within three years of the date the requesting party first knows or should know of the grounds giving rise to the request for resolution. (3) Duty and Authority to Attempt to Settle Contract Controversies. Before commencement of an administrative review as provided in subsection (4), the appropriate chief procurement officer or his designee shall attempt to settle by mutual agreement a contract controversy brought pursuant to this section. The appropriate chief procurement officer has the authority to approve any settlement reached by mutual agreement. (4) Administrative Review and Decision. If, in the opinion of the appropriate chief procurement officer, after reasonable attempt, a contract controversy cannot be settled by mutual agreement, the appropriate chief procurement officer or his designee promptly shall conduct an administrative review and issue a decision in writing within ten days of completion of the review. The decision must state the reasons for the action taken. (5) Notice of Decision. A copy of the decision pursuant to subsection (4) and a statement of appeal rights under Section 11-35-4230(6) must be mailed or otherwise furnished immediately to all parties participating in the administrative review proceedings. The appropriate chief procurement officer also shall post a copy of the decision at a time and place communicated to all parties participating in the administrative review, and the posted decision must indicate the date of posting on its face and must be accompanied by a statement of the right to appeal provided in Section 11-35-4230(6). (6) Finality of Decision. A decision pursuant to subsection (4) is final and conclusive, unless fraudulent or unless a person adversely affected requests a further administrative review by the Procurement Review Panel pursuant to Section 11-35-4410(1) within ten days of the posting of the decision in accordance with Section 11-35-4230(5). The request for review must be directed to the appropriate chief procurement officer, who shall forward the request to the panel, or to the Procurement Review Panel, and must be in writing setting forth the reasons why the person disagrees with the decision of the appropriate chief procurement officer. The person also may request a hearing before the Procurement Review Panel. The appropriate chief procurement officer and any affected governmental body shall have the opportunity to participate fully in a later review or appeal, administrative or legal.
Public Link:
South DakotaContract Claims Procedure:
Contract Claims Procedure
Status:
No Official Guidance
TennesseeContract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
TN ST § 9-8-307(a)(1)(L)
Citation Language:
(a)(1) The commission or each commissioner sitting individually has exclusive jurisdiction to determine all monetary claims against the state based on the acts or omissions of “state employees,” as defined in § 8-42-101, falling within one (1) or more of the following categories: .... (L) Actions for breach of a written contract between the claimant and the state which was executed by one (1) or more state officers or employees with authority to execute the contract; provided, that the group insurance agreements created pursuant to §§ 8-27-202 and 8-27-302 shall be considered contracts for purposes of this subsection (a) in order for the commission to determine insurance claims which have been previously rejected by the state insurance committee or the local education insurance committee;
TexasContract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
34 TAC § 1.365
Citation Language:
(a) The chief administrative officer or, if designated in the contract, another officer of the unit of state government shall examine the claim and any counterclaim and negotiate with the contractor in an effort to resolve them. The negotiation must begin not later than the 120th day after the date the claim is received. (b) Repealed by Acts 2005, 79th Leg., ch. 988, § 8. (a) A contractor who asserts a claim of breach of contract under Government Code, Chapter 2260, must file a notice of the claim as provided under this section. (b) The notice of claim shall: (1) be written and signed by the contractor or the contractor's authorized representative; (2) be delivered by hand, certified mail return receipt requested, or other verifiable delivery service, to the agency officer who is designated in the contract to receive a notice of claim of breach of contract under Government Code, Chapter 2260; if no person is designated in the contract, then the notice shall be delivered to the comptroller; and (3) state in detail: (A) the nature of the alleged breach of contract, including the date of the event that the contractor cites as the basis of the claim and each contractual provision that the contractor alleges has been breached; (B) a description of damages that resulted from the alleged breach, including the amount and method that the contractor has used to calculate those damages; and (C) the legal theory for recovery, including the causal relationship between the alleged breach and the damages that the contractor claims. (c) In addition to the mandatory contents of the notice of claim that are required under subsection (b) of this section, the contractor may submit supporting documentation or other tangible evidence to facilitate the agency's evaluation of the contractor's claim. (d) The notice of claim shall be delivered not later than 180 days after the date of the event that the contractor cites as the basis of the claim.
US Virgin IslandsContract Claims Procedure:
Contract Claims Procedure
Status:
No Official Guidance
UtahContract Claims Procedure:
Contract Claims Procedure
Status:
No Official Guidance
VermontContract Claims Procedure:
Contract Claims Procedure
Status:
No Official Guidance
VirginiaContract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
VA ST § 2.2-4363(D)
Citation Language:
A. Contractual claims, whether for money or other relief, shall be submitted in writing no later than 60 days after final payment. However, written notice of the contractor's intention to file a claim shall be given at the time of the occurrence or beginning of the work upon which the claim is based. Nothing herein shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pendency of claims shall not delay payment of amounts agreed due in the final payment. .... D. A contractor may not invoke administrative procedures meeting the standards of § 2.2-4365, if available, or institute legal action as provided in § 2.2-4364, prior to receipt of the public body's decision on the claim, unless the public body fails to render such decision within the time specified in the contract or, if no time is specified, then within the time provided by subsection C. A failure of the public body to render a final decision within the time provided in subsection C shall be deemed a final decision denying the claim by the public body.
WashingtonContract Claims Procedure:
Contract Claims Procedure
Status:
No Official Guidance
West VirginiaContract Claims Procedure:
Contract Claims Procedure
Status:
No Official Guidance
WisconsinContract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
WI ST 16.007
Citation Language:
(1) Purpose. The claims board shall receive, investigate and make recommendations on all claims of $10 or more presented against the state which are referred to the board by the department. No claim or bill relating to such a claim shall be considered by the legislature until a recommendation thereon has been made by the claims board. (2) Rules. Except as provided in s. 901.05, the board shall not be bound by common law or statutory rules of evidence, but shall admit all testimony having reasonable probative value, excluding that which is immaterial, irrelevant or unduly repetitious. The board may take official notice of any generally recognized fact or established technical or scientific fact, but parties shall be notified either before or during hearing or by full reference in preliminary reports, or otherwise, of the facts so noticed, and the parties shall be afforded an opportunity to contest the validity of the official notice. (3) Procedure. When a claim has been referred to the claims board, the board may upon its own motion and shall upon request of the claimant, schedule such claim for hearing, giving the claimant at least 10 days' written notice of the date, time and place thereof. Those claims described under sub. (6)(b) shall not be heard or decided by the claims board. The board shall keep a record of its proceedings, but such proceedings may be recorded by a permanent recording device without transcription. It may require sworn testimony and may summon and compel attendance of witnesses and the production of documents and records. Any member of the board may sign and issue a subpoena. (4) Agencies to cooperate. The several agencies shall cooperate with the board and shall make their personnel and records available upon request when such request is not inconsistent with other statutes. (5) Findings. The board shall report its findings and recommendations, on all claims referred to it, to the legislature. Except as provided in sub. (6), if from its findings of fact the board concludes that any such claim is one on which the state is legally liable, or one which involves the causal negligence of any officer, agent or employee of the state, or one which on equitable principles the state should in good conscience assume and pay, it shall cause a bill to be drafted covering its recommendations and shall report its findings and conclusions and submit the drafted bill to the joint committee on finance at the earliest available time. If the claims board determines to pay or recommends that a claim be paid from a specific appropriation or appropriations, it shall include that determination or recommendation in its conclusions. A copy of its findings and conclusions shall be submitted to the claimant within 20 days after the board makes its determination. Findings and conclusions are not required for claims processed under sub. (6)(b). (6) Settlement. (a) Except as provided in par. (b), whenever the claims board by unanimous vote finds that payment to a claimant of not more than the amount specified in s. 799.01(1)(d) is justified, it may order the amount that it finds justified to be paid on its own motion without submission of the claim in bill form to the legislature. The claim shall be paid on a voucher upon the certification of the chairperson and secretary of the board, and shall be charged as provided in sub. (6m). (b) Whenever the representative of the department designated by the secretary pursuant to s. 15.105(2) finds that payment of a claim described in this paragraph to a claimant is justified, the representative of the department may order the amount so found to be justified paid without approval of the claims board and without submission of the claim in the form of a bill to the legislature. Such claims shall be paid on vouchers upon the certification of the representative of the department, and shall be charged as provided in sub. (6m). The representative of the department shall annually report to the board all claims paid under this paragraph. Claims which may be paid directly by the department are: 1. Payment of the amount owed by the state under any check, share draft or other draft issued by it which has been voided for failure to present the check, share draft or other draft for payment within the prescribed period from the date of issuance. 3. Payment of a refund due as the result of an overpayment made by mistake of the applicant in filing articles of incorporation or amendments thereto, or a certificate of authority for a foreign corporation to transact business in this state pursuant to s. 180.0122. 4. Payment of any claim of less than $10. (6m) Payment charges. The claims board, for claims authorized to be paid under sub. (6)(a), or the representative of the department, for claims authorized to be paid under sub. (6)(b), may specify that a claim shall be paid from a specific appropriation or appropriations. If a claim requires legislative action, the board may recommend that the claim be paid from a specific appropriation or appropriations. If no determination is made as to the appropriation or appropriations from which a claim shall be paid, the claim shall be paid from the appropriation under s. 20.505(4)(d). (7) Exception. This section shall not be construed as relieving any 3rd-party liability or releasing any joint tort-feasor. (8) Expenses. The board may pay the actual and necessary expenses of employees of the department of justice or the department of administration authorized by the board to secure material information necessary to the disposition of a claim.
WyomingContract Claims Procedure:
Contract Claims Procedure
Status:
No Official Guidance
