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Section 9 – Changes and Claims

submission or certification of a false claim may lead to fines, imprisonment and/or

other severe legal consequences.

(Signature of officer) (Date) "

If the Contractor is unable to support any part of a claim and it is determined that such

inability is attributable to falsity of such certification or misrepresentation of fact or fraud by the

Contractor, the Contractor shall be liable to the Agency for three (3) times the amount of

damages which the Agency sustains, plus the cost of civil action, and may be liable to the

Agency for a civil penalty of up to ten thousand dollars ($10,000) for each false claim.

9-19 ENGINEER’S DECISION

The Engineer may be requested to consider a dispute or claim if the Agency and Contractor

representatives reach an impasse. A request for an Engineer’s Decision shall be made by the

Contractor, in writing, within fourteen (14) days of the date of impasse. In requesting an

Engineer’s Decision, each party shall provide a detailed description of their position and state

the objections to the position of the other party. Evidence, records, and supporting information

shall be included. Copies of all correspondence and information shall be provided to both

The Engineer will review the facts of the dispute and may request additional information,

evidence, or testimony. The Engineer will render a fair, impartial decision based on the

Contract, and the evidence submitted by the Agency and Contractor representatives.

The Engineer may decline to consider a dispute.

9-20 ALTERNATIVE DISPUTE RESOLUTION

After all remedies and provisions of the Contract are exhausted, any dispute related to the

Work or Contract may be resolved by Mediation if the Contractor and the Agency agree in

writing. The Contractor shall submit a written request for Mediation no later than thirty (30) days

after the Agency issues the final written decision.

Said Mediation is voluntary, non-binding, and intended to provide an opportunity for the

parties to evaluate each other's cases and arrive at a mutually agreeable solution. These

provisions relating to voluntary Mediation shall not be construed or interpreted as mandatory

9-20.01 Initiation of Mediation

Any party to a dispute or claim may initiate Mediation by notifying the other party or parties

9-20.02 Request for Mediation

A Request for Mediation shall contain a brief statement of the nature of the dispute or claim,

and the names, addresses, and phone numbers of all parties to the dispute or claim, and those

who will represent them, if any, in the Mediation.

9-20.03 Selection Of Mediator

Upon receipt of a Request for Mediation, within thirty (30) days, the parties will meet and

confer to select an appropriate Mediator agreeable to all parties. If the parties cannot agree on

a Mediator, they hereby agree to accept a Mediator appointed by a recognized association such

as the American Arbitration Association.

9-20.04 Qualifications Of A Mediator

Any Mediator selected shall have expertise in the area of the dispute and be knowledgeable

in the Mediation process. No person shall serve as a Mediator in any dispute in which that

person has any financial or personal interest in the result of the Mediation. Before accepting an

appointment, the prospective Mediator shall disclose any circumstances likely to create a