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Section 2: Claims

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Claims

A claim is an unresolved dispute requiring formal action by the department's Contract Claim Committee. Contract claims may only be filed by the prime contractor.

If a contractor does not agree with the district’s decision on the dispute, the contractor may file a detailed report and contract claim request with one of the following:

  • district engineer (DE) under whose authority the contract is administered
  • CST or
  • Contract Claim Committee.

Submit documents filed with the DE to the Contract Claim Committee. The Committee may request CST-Claims, Disputes and Special Programs (CDSP) review the documentation. Notify FHWA when a claim is filed on a FLOA project.

CST-CDSP will consult with the district and the contractor to secure any additional information necessary to produce a report containing recommendations for the resolution of the claim. Respond in writing to CST-CDSP regarding any additional request for information associated with the claim.

Upon review of the claim, CST provides a recommendation for resolution to the Contract Claim Committee. After a claims meeting with the contractor and district, the committee makes a final determination regarding the claim.

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Appeals

Claims not resolved by the Contract Claim Committee may be appealed by the contractor to the State Office of Administrative Hearings (SOAH). Hearings conducted by SOAH are legal proceedings presided over by an appointed administrative law judge. Work with the Attorney General’s office in preparation for a scheduled SOAH hearing. The administrative law judge's final decision regarding the claim is forwarded to the department's Executive Director for consideration.

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