A. Contractual claims, whether for money or other relief, shall be submittedin writing no later than 60 days after final payment. However, written noticeof the contractor's intention to file a claim shall be given at the time ofthe occurrence or beginning of the work upon which the claim is based.Nothing herein shall preclude a contract from requiring submission of aninvoice for final payment within a certain time after completion andacceptance of the work or acceptance of the goods. Pendency of claims shallnot delay payment of amounts agreed due in the final payment.
B. Each public body shall include in its contracts a procedure forconsideration of contractual claims. Such procedure, which may be containedin the contract or may be specifically incorporated into the contract byreference and made available to the contractor, shall establish a time limitfor a final decision in writing by the public body. If the public body hasestablished administrative procedures meeting the standards of § 2.2-4365,such procedures shall be contained in the contract or specificallyincorporated in the contract by reference and made available to thecontractor.
C. If, however, the public body fails to include in its contracts a procedurefor consideration of contractual claims, the following procedure shall apply:
1. Contractual claims, whether for money or other relief, shall be submittedin writing no later than 60 days after receipt of final payment; however,written notice of the contractor's intention to file a claim shall be givenat the time of the occurrence or at the beginning of the work upon which theclaim is based.
2. No written decision denying a claim or addressing issues related to theclaim shall be considered a denial of the claim unless the written decisionis signed by the public body's chief administrative officer or his designee.The contractor may not institute legal action prior to receipt of the finalwritten decision on the claim unless the public body fails to render adecision within 90 days of submission of the claim. Failure of the publicbody to render a decision within 90 days shall not result in the contractorbeing awarded the relief claimed or in any other relief or penalty. The soleremedy for the public body's failure to render a decision within 90 daysshall be the contractor's right to institute immediate legal action.
D. A contractor may not invoke administrative procedures meeting thestandards of § 2.2-4365, if available, or institute legal action as providedin § 2.2-4364, prior to receipt of the public body's decision on the claim,unless the public body fails to render such decision within the timespecified in the contract or, if no time is specified, then within the timeprovided by subsection C. A failure of the public body to render a finaldecision within the time provided in subsection C shall be deemed a finaldecision denying the claim by the public body.
E. The decision of the public body shall be final and conclusive unless thecontractor appeals within six months of the date of the final decision on theclaim by the public body by invoking administrative procedures meeting thestandards of § 2.2-4365, if available, or in the alternative by institutinglegal action as provided in § 2.2-4364.
(1982, c. 647, § 11-69; 2001, cc. 106, 844; 2005, c. 815.)
A. Contractual claims, whether for money or other relief, shall be submittedin writing no later than 60 days after final payment. However, written noticeof the contractor's intention to file a claim shall be given at the time ofthe occurrence or beginning of the work upon which the claim is based.Nothing herein shall preclude a contract from requiring submission of aninvoice for final payment within a certain time after completion andacceptance of the work or acceptance of the goods. Pendency of claims shallnot delay payment of amounts agreed due in the final payment.
B. Each public body shall include in its contracts a procedure forconsideration of contractual claims. Such procedure, which may be containedin the contract or may be specifically incorporated into the contract byreference and made available to the contractor, shall establish a time limitfor a final decision in writing by the public body. If the public body hasestablished administrative procedures meeting the standards of § 2.2-4365,such procedures shall be contained in the contract or specificallyincorporated in the contract by reference and made available to thecontractor.
C. If, however, the public body fails to include in its contracts a procedurefor consideration of contractual claims, the following procedure shall apply:
1. Contractual claims, whether for money or other relief, shall be submittedin writing no later than 60 days after receipt of final payment; however,written notice of the contractor's intention to file a claim shall be givenat the time of the occurrence or at the beginning of the work upon which theclaim is based.
2. No written decision denying a claim or addressing issues related to theclaim shall be considered a denial of the claim unless the written decisionis signed by the public body's chief administrative officer or his designee.The contractor may not institute legal action prior to receipt of the finalwritten decision on the claim unless the public body fails to render adecision within 90 days of submission of the claim. Failure of the publicbody to render a decision within 90 days shall not result in the contractorbeing awarded the relief claimed or in any other relief or penalty. The soleremedy for the public body's failure to render a decision within 90 daysshall be the contractor's right to institute immediate legal action.
D. A contractor may not invoke administrative procedures meeting thestandards of § 2.2-4365, if available, or institute legal action as providedin § 2.2-4364, prior to receipt of the public body's decision on the claim,unless the public body fails to render such decision within the timespecified in the contract or, if no time is specified, then within the timeprovided by subsection C. A failure of the public body to render a finaldecision within the time provided in subsection C shall be deemed a finaldecision denying the claim by the public body.
E. The decision of the public body shall be final and conclusive unless thecontractor appeals within six months of the date of the final decision on theclaim by the public body by invoking administrative procedures meeting thestandards of § 2.2-4365, if available, or in the alternative by institutinglegal action as provided in § 2.2-4364.
(1982, c. 647, § 11-69; 2001, cc. 106, 844; 2005, c. 815.)
A. Contractual claims, whether for money or other relief, shall be submittedin writing no later than 60 days after final payment. However, written noticeof the contractor's intention to file a claim shall be given at the time ofthe occurrence or beginning of the work upon which the claim is based.Nothing herein shall preclude a contract from requiring submission of aninvoice for final payment within a certain time after completion andacceptance of the work or acceptance of the goods. Pendency of claims shallnot delay payment of amounts agreed due in the final payment.
B. Each public body shall include in its contracts a procedure forconsideration of contractual claims. Such procedure, which may be containedin the contract or may be specifically incorporated into the contract byreference and made available to the contractor, shall establish a time limitfor a final decision in writing by the public body. If the public body hasestablished administrative procedures meeting the standards of § 2.2-4365,such procedures shall be contained in the contract or specificallyincorporated in the contract by reference and made available to thecontractor.
C. If, however, the public body fails to include in its contracts a procedurefor consideration of contractual claims, the following procedure shall apply:
1. Contractual claims, whether for money or other relief, shall be submittedin writing no later than 60 days after receipt of final payment; however,written notice of the contractor's intention to file a claim shall be givenat the time of the occurrence or at the beginning of the work upon which theclaim is based.
2. No written decision denying a claim or addressing issues related to theclaim shall be considered a denial of the claim unless the written decisionis signed by the public body's chief administrative officer or his designee.The contractor may not institute legal action prior to receipt of the finalwritten decision on the claim unless the public body fails to render adecision within 90 days of submission of the claim. Failure of the publicbody to render a decision within 90 days shall not result in the contractorbeing awarded the relief claimed or in any other relief or penalty. The soleremedy for the public body's failure to render a decision within 90 daysshall be the contractor's right to institute immediate legal action.
D. A contractor may not invoke administrative procedures meeting thestandards of § 2.2-4365, if available, or institute legal action as providedin § 2.2-4364, prior to receipt of the public body's decision on the claim,unless the public body fails to render such decision within the timespecified in the contract or, if no time is specified, then within the timeprovided by subsection C. A failure of the public body to render a finaldecision within the time provided in subsection C shall be deemed a finaldecision denying the claim by the public body.
E. The decision of the public body shall be final and conclusive unless thecontractor appeals within six months of the date of the final decision on theclaim by the public body by invoking administrative procedures meeting thestandards of § 2.2-4365, if available, or in the alternative by institutinglegal action as provided in § 2.2-4364.
(1982, c. 647, § 11-69; 2001, cc. 106, 844; 2005, c. 815.)
