San Jose Municipal Code Part 8 Dispute Review Board

The purpose of a dispute review board is to provide a non-binding recommendation as to the resolution of a disputed Claim that could not be resolved by means of the settlement conference conducted in accordance with Part 6 of this Chapter 27.28.

(Ord. 30540.)

A. The City and Contractor will establish a dispute review board before construction starts and have the board available through construction if the Major Public Works Contract is in the amount of ten million dollars ($10,000,000) or more, and the Director determines the work is sufficiently complex to warrant the cost of such a board.

B. If the Major Public Works Contract is in the amount of one million dollars ($1,000,000) or more but less than ten million dollars ($10,000,000), the City or Contractor may request, at any time before project completion, the establishment of a dispute review board.

(Ord. 30540.)

The members of a dispute review board will be selected as follows: The City will select a member, the Contractor will select a member and those two (2) members will select a third member.

(Ord. 30540.)

No member serving on a dispute review board can have any relationship with the City, Contractor or the construction project that would prevent that member from performing his or her duties in an impartial and fair manner.

(Ord. 30540.)

A. The dispute review board is an advisory body that issues non-binding recommendations.

B. The recommendations of the dispute review board are not admissible in court in any subsequent litigation.

(Ord. 30540.)

The Major Public Works Contract will include appropriate provisions providing for the City and Contractor to share equally all costs associated with a dispute review board.

(Ord. 30540.)