Part 4 — NOTICE OF POTENTIAL CLAIM

The Claims process in Public Works Contracts will focus on identifying and resolving disputes as early as possible.

(Ord. 30540.)

The Contractor must submit to the City a Notice of Potential Claim no later than fifteen (15) Working Days after the event, occurrence or other cause giving rise to a potential Claim.

(Ord. 30540.)

A Notice of Potential Claim must include at least the following information:

A.

The contractual and factual basis of the potential Claim; and

B.

A good faith estimate of the cost and/or time impact to which Contractor believes it may be entitled based on reasonably available information.

(Ord. 30540.)

A.

Public Works Contracts will prohibit a Person furnishing labor, materials and/or equipment under contract to the Contractor from submitting a Claim directly to the City.

B.

The Public Works Contract will allow the Contractor to pass through a Claim from a Person furnishing labor, materials and/or equipment under contract to the Contractor only if the Contractor certifies in the Notice of Potential Claim that the Contractor reviewed the Claim and reasonably concluded the Claim has merit.

(Ord. 30540.)

A Contractor is not entitled to additional compensation or an extension of time based on any Claim for which the Contractor does not submit a Notice of Potential Claim in accordance with the requirements in the Public Works Contract.

(Ord. 30540.)

Public Works Contracts will set forth requirements for a Contractor that has properly submitted a Notice of Claim to pursue that Claim.

(Ord. 30540.)

Public Works Contracts may include provisions for dispute resolution during the progress of the construction in addition to those contained in this Chapter 27.28.

(Ord. 30540.)