Presentation on theme: "CARLIN LAW GROUP, APC Dispute Resolution Procedures Contract Claims Requirements Public Contract Code §20118.4 (schools) Public Contract Code §20104 Government."— Presentation transcript:
CARLIN LAW GROUP, APC Dispute Resolution Procedures Contract Claims Requirements Public Contract Code §20118.4 (schools) Public Contract Code §20104 Government Code §910
CARLIN LAW GROUP, APC Contract Claims Prerequisites 1.Contractual Claims Notice Requirements 2.Sample of Extra Work Notice Requirements 3.Sample of Time Extension Notice Requirements 4.Contractors Must Give Timely Notice of Extra Work/Time Extension
CARLIN LAW GROUP, APC Contractual Claims Notice Prerequisites Provide written notice of claims for additional compensation or time –Must be within a specified period of time from which the event occurred Failure to provide notice of claims as specified in the contract can prevent recovery of additional compensation or time
CARLIN LAW GROUP, APC Sample of Extra Work Notice Requirements If the Contractor asserts that any event has caused a change in or addition to the Work which causes an increase in the Contractors Cost of any part of the Work, including Work not affected directly by the change, the Contractor shall, within seven (7) days of such event, and give the Owner written notice as herein required. Said notice shall include in the circumstances that are the basis of the claim and Contractors best estimate of the cost and time involved.
CARLIN LAW GROUP, APC Sample of Time Extension Notice Requirement If the Contractor is delayed at any time in the progress of the Work by an act or neglect of the Owner, architect or a separate contractor employed by any of them, or by change orders in the Work, by labor disputes, fire, unusual delays and deliveries, unavoidable casualties or other causes beyond Contractors control, or by other causes for which a delay might be justified, then the time for performance will be extended for a period of time equivalent to that required to compensate for the delay. (cont)
CARLIN LAW GROUP, APC Sample of Time Extension Notice Requirement (cont) Claims for an extension of time must be made within five (5) days after occurrence of the event giving rise to such claim. Claims for extension of time must be by written notice to the Construction Manager and be accompanied by a Schedule Analysis which details entitlement to the time extension requested. Failure to request an extension of time within the time frame or in the manner set forth in this paragraph shall constitute a waiver of the Contractors right to an extension of time.
CARLIN LAW GROUP, APC Contractors Must Give Timely Notice of Extra Work/Time Extension For any written, verbal or implied direction to perform work which is outside of the Contractors original scope and/or impacts Contractors Project Schedule: –Must provide the contractually required notices whenever seeking to obtain extra compensation and/or time in the time specified
CARLIN LAW GROUP, APC Public Contract Codes Public Contract Code §20118.4 (schools) Public Contract Code §20104 et seq.
CARLIN LAW GROUP, APC Public Contract Code §20118.4 (schools) Enables a K-12 school district to, without the formality of obtaining other bids, perform changes or alterations to the original contract scope of work so long as the value of the work does not exceed the greater of the amount specified in PCC §20111, §20114 or at 10% of the original contract price. –A change order which does not comply with the foregoing is arguably invalid and the District may attempt to avoid payment to the Contractor for Work performed pursuant thereto.
CARLIN LAW GROUP, APC Public Contract Code §20104 et seq. Applies to all public works claims less than $375,000 between a contractor and a local agency –Requires as a prerequisite to filing a lawsuit that the Contractor submit to the local agency prior to the final payment a written claim including all documents necessary to substantiate the claim. The amount of the Contractors claim dictates the amount of time the local agency has to provide its written response to the claim. (cont)
CARLIN LAW GROUP, APC Public Contract Code §20104 et seq. (cont) If the Contractor disputes the local agencies response to its claim, or if the local agency fails to respond within the time specified by the statute, the Contractor is obligated to demand within 15 days of a specified deadline a meet and confer conference with the local agency which must be held within 30 days. If any portion of the Contractors CLAIM remains in dispute after the meet and confer, the Contractor is required to file a 900 et seq.formal claim pursuant to California Government Code §900 et seq. as a prerequisite to filing a formal lawsuit.
CARLIN LAW GROUP, APC Government Code §900 et seq. Before anyone can sue a government entity listed on the California Roster of Public Agencies, they must first file a formal notice of claim pursuant to the Government Code §910. –Defines the information which must be included in the claim as well as the time by which it must be filed. Failure to comply with the foregoing is grounds to dismiss a claimants lawsuit.