San Jose Municipal Code Part 1 Application

This Chapter sets forth the dispute avoidance and resolution requirements for Public Works Contracts.

(Ord. 30540.)

The provisions of this Chapter are intended to conflict with Section 9204 and Article 1.5 of Chapter 1 of Part 3 of the California Public Contract Code (starting with Section 20104), as those Sections may be amended, and with any other Section(s) of the Public Contract Code that address Claims and the resolution of Claims.

(Ord. 30540.)

A. In accordance Section 27.04.020, entitled "Administrative Implementation," the Director of Public Works will establish standard provisions for Public Works Contracts relating to dispute resolution, including provisions relating to the process for a Contractor to submit Claims and a Statement of Claims (as those terms are defined in this Chapter).

B. The standard provisions for dispute resolution established by the Director of Public Works must be consistent with the requirements this Chapter.

(Ord. 30540.)

Public Works Contracts will allow the City and Contractor to mutually agree in writing to forego the dispute resolution procedures in this Chapter and to seek resolution of a dispute through other methods, including litigation.

(Ord. 30540.)