Standard Specifications for Road, Bridge, and Municipal Construction 2020 (M 41-10)

Once the Board is established, the dispute resolution process shall be as follows:
1. Board hearing dates will be scheduled by agreement of the parties.
2. The Contractor and the Contracting Agency shall each be afforded an opportunity

to be heard by the Board and to offer evidence. Either party furnishing any written
evidence or documentation to the Board must furnish copies of such information
to the other party a minimum of 15 calendar days prior to the date the Board sets
to convene the hearing for the dispute. Either party shall produce such additional
evidence as the Board may deem necessary to an understanding and determination
of the dispute and furnish copies to the other party.

3. After the hearing is concluded, the Board shall meet in private and reach a

conclusion supported by two or more members. Its findings and recommendations,
together with its reasons shall then be submitted as a written report to both parties.
The recommendations shall be based on the pertinent Contract Provisions and
facts and circumstances involved in the dispute. The Contract shall be interpreted
and construed in accordance with the laws of the State of Washington. The Board
shall make every effort to reach a unanimous decision. If this proves impossible, the
dissenting member may prepare a minority report.

4. Within 30 calendar days of receiving the Board recommendations, both the

Contracting Agency and the Contractor shall respond to the other in writing
signifying that the dispute is either resolved or remains unresolved. Although both
parties should place weight upon the Board recommendations, the recommendations
are not binding.

In the event the Board’s recommendations do not lead to resolution of the dispute, all
Board records and written recommendations, including any minority reports, will be
admissible as evidence in any subsequent litigation.

If the Board’s assistance does not resolve the dispute, the Contractor must file a claim
according to

Section 1-09.11(2)

before seeking any form of judicial relief.

1-09.11(2) Claims

If the Contractor claims that additional payment is due and the Contractor has pursued
and exhausted all the means provided in Sections

1-04.5

and

1-09.11(1)

to resolve

a dispute, including the use of a Disputes Review Board if one was established, the
Contractor may file a claim as provided in this section. The Contractor agrees to waive any
claim for additional payment if the written notifications provided in

Section 1-04.5

are not

given, or if the Engineer is not afforded reasonable access by the Contractor to complete
records of actual cost and additional time incurred as required by

Section 1-04.5

, or if a

claim is not filed as provided in this section. The fact that the Contractor has provided a
proper notification, provided a properly filed claim, or provided the Engineer access to
records of actual cost, shall not in any way be construed as proving or substantiating the
validity of the claim. If the claim, after consideration by the Engineer, is found to have
merit, the Engineer will make an equitable adjustment either in the amount of costs to be
paid or in the time required for the Work, or both. If the Engineer finds the claim to be
without merit, no adjustment will be made.

Measurement and Payment

1-09

All claims filed by the Contractor shall be in writing and in sufficient detail to enable the
Engineer to ascertain the basis and amount of the claim. All claims shall be submitted to
the Engineer as provided in

Section 1-05.15

. As a minimum, the following information

must accompany each claim submitted:
1. A detailed factual statement of the claim for additional compensation and time, if

any, providing all necessary dates, locations, and items of Work affected by the claim.

2. The date on which facts arose which gave rise to the claim.
3. The name of each Contracting Agency individual, official, or employee involved in or

knowledgeable about the claim.

4. The specific provisions of the Contract which support the claim and a statement of

the reasons why such provisions support the claim.

5. If the claim relates to a decision of the Engineer which the Contract leaves to the

Engineer’s discretion or as to which the Contract provides that the Engineer’s
decision is final, the Contractor shall set out in detail all facts supporting its position
relating to the decision of the Engineer.

6. The identification of any documents and the substance of any oral communications

that support the claim.

7. Copies of any identified documents, other than Contracting Agency documents

and documents previously furnished to the Contracting Agency by the Contractor,
that support the claim (manuals which are standard to the industry, used by the
Contractor, may be included by reference).

8. If an extension of time is sought:

a. The specific days and dates for which it is sought,
b. The specific reasons the Contractor believes a time extension should be

granted,

c. The specific provisions of

Section 1-08.8

under which it is sought, and

d. The Contractor’s analysis of its progress schedule to demonstrate the reason for

a time extension.

9. If additional compensation is sought, the exact amount sought and a breakdown of

that amount into the following categories:
a. Labor;
b. Materials;
c. Direct equipment. The actual cost for each piece of equipment for which a claim

is made or in the absence of actual cost, the rates established by the AGC/
WSDOT Equipment Rental Agreement which was in effect when the Work was
performed. In no case shall the amounts claimed for each piece of equipment
exceed the rates established by that Equipment Rental Agreement even if the
actual cost for such equipment is higher. The Contracting Agency may audit the
Contractor’s cost records as provided in

Section 1-09.12

to determine actual

Page 1-144

Measurement and Payment

equipment cost. The following information shall be provided for each piece of
equipment:
(1) Detailed description (e.g., Motor Grader Diesel Powered Caterpillar 12 “G”,

Tractor Crawler ROPS & Dozer Included Diesel);

(2) The hours of use or standby; and
(3) The specific day and dates of use or standby;

d. Job overhead;
e. Overhead (general and administrative);
f.

Subcontractor’s claims (in the same level of detail as specified herein is required
for any Subcontractor’s claims); and

g. Other categories as specified by the Contractor or the Contracting Agency.

10. A notarized statement shall be submitted to the Engineer containing the following

language:

Under the penalty of law for perjury or falsification, the undersigned,

____________________________, ______________________________
(name) (title)

of _________________________________________________________
(company)

hereby certifies that the claim for extra compensation and time, if any, made
herein for Work on this Contract is a true statement of the actual costs incurred
and time sought, and is fully documented and supported under the Contract
between the parties.

Dated __________________________/s/__________________________

Subscribed and sworn before me this ___________ day of ____________

___________________________________________________________

Notary Public

My Commission Expires:______________________________________

It will be the responsibility of the Contractor to keep full and complete records of the
costs and additional time incurred for any alleged claim. The Contractor shall permit the
Engineer to have access to those records and any other records as may be required by the
Engineer to determine the facts or contentions involved in the claim. The Contractor shall
retain those records for a period of not less than three years after final acceptance.

Standard Specifications for Road, Bridge, and Municipal Construction 2020 (M 41-10) - page 2