San Jose Municipal Code Part 5 Statement of Claim

Public Works Contracts will include procedures for the Contractor to submit to the City a Statement of Claims.

(Ord. 30540.)

A Statement of Claims must include at least the following information:

A. Each Claim, separately stated and identified, that the Contractor is asserting against the City, along with the contractual and factual basis and amount of the Claim;

B. For each Claim, all documentation reasonably needed for the City to evaluate and determine the merits of the Claim; and

C. A Contractor certification that the Claims and all information provided in the Statement of Claims are accurate and true to the best of Contractor's knowledge.

(Ord. 30540.)

A. The Contractor is precluded from including any of the following in a Statement of Claims:

1. A dispute for which the Contractor failed to comply with any requirements in the Public Works Contract for pursuing the Claim, including the submission of a Notice of Potential Claim as required by Part 4 of this Chapter 27.28; and

2. Any pass-through Claim arising from a Person or entity that furnished labor, materials and/or equipment under contract to the Contractor unless the Contractor complies with the certification requirement in Section 27.28.200.

B. The Contractor is precluded from pursuing any of the following:

1. Any dispute not included in the Contractor's Statement of Claims; and

2. Any dispute included in the Statement of Claims for which the Contractor fails to provide sufficient documentation for the City to evaluate and determine its merits.

(Ord. 30540.)

A. Public Works Contracts will require the City to respond, in writing, to a Statement of Claims by indicating whether:

1. A Claim, in whole or in part, is disputed and the basis of any such dispute; or

2. The Contractor provided insufficient information to determine the validity of the Claims.

B. The Public Works Contract will require the City to pay the Contractor the amount of any Claims, or portions of Claims, not in dispute.

(Ord. 30540.)

A. Within fifteen (15) Calendar Days of the City's response to a Statement of Claims, the Contractor may, in the Contractor's discretion, request a settlement conference in accordance with Part 6 of this Chapter 27.28.

B. If the Contractor requests a settlement conference and the settlement conference does not result in the resolution of the disputed Claims, the Contractor may, in the Contractor's discretion, request facilitated dispute resolution in accordance with Parts 7 and 8 of this Chapter 27.28.

(Ord. 30540.)