§ 33.1-386. Submission of claims; initial investigation and notice ofdecision; appearance before Commissioner; further investigation and notice ofdecision; settlement.
A. Upon the completion of any contract for the construction of any statehighway project awarded by the Commonwealth Transportation Board or by theCommonwealth Transportation Commissioner to any contractor, if the contractorfails to receive such settlement as he claims to be entitled to under thecontract for himself or for his subcontractors or for persons furnishingmaterials for the contract for costs and expenses caused by the acts oromissions of the Department of Transportation, he may, within sixty daysafter the final estimate date, deliver to the Department of Transportation,through proper administrative channels as determined by the Department, awritten claim for such amount to which he deems himself, his subcontractors,or his material persons entitled under the contract. The final estimate dateshall be set forth in a letter from the Department to the contractor sent bycertified mail. The claim shall set forth the facts upon which the claim isbased, provided that written notice of the contractor's intention to filesuch claim shall have been given to the Department at the time of theoccurrence or beginning of the work upon which the claim and subsequentaction is based. Within ninety days from receipt of such claim, theDepartment shall make an investigation and notify the claimant in writing bycertified mail of its decision. The claimant and the Department may, however,mutually extend such ninety-day period for another thirty days.
B. If dissatisfied with the decision, the claimant shall, within thirty daysfrom receipt of the Department's decision, notify the CommonwealthTransportation Commissioner, in writing, that he desires to appear beforehim, either in person or through counsel, and present any additional factsand arguments in support of his claim as previously filed.
C. The Commissioner shall schedule such appearance to be held within thirtydays of receiving the claimant's written request. The claimant and theCommissioner may, however, mutually agree to schedule such appearance to beheld after thirty days but before sixty days from the receipt of theclaimant's written request.
D. Within forty-five days from the date of the appearance before him, theCommissioner shall make an investigation of the claim and notify thecontractor in writing of his decision. The claimant and the Commissioner may,however, mutually agree to extend such forty-five-day period for anotherthirty days. If the Commissioner deems that all or any portion of a claim isvalid, he shall have the authority to negotiate a settlement with thecontractor, but any such settlement shall be subject to the provisions of §2.2-514.
E. Failure of the Department or the Commissioner to render a decision withinthe time period specified in subsections A and D, or within such other periodas has been mutually agreed upon as provided in this section, shall be deemeda denial of the claim. Any mutual agreements for time extension permittedherein shall in no way extend the limitations set out in § 33.1-192.1.
If the Commissioner determines that a claim has been denied as the result ofan administrative oversight, then the Department reserves the right toreconsider the claim.
(1976, c. 230; 1982, c. 320; 1991, c. 691; 1994, c. 67; 2001, c. 175; 2007,c. 162.)
§ 33.1-386. Submission of claims; initial investigation and notice ofdecision; appearance before Commissioner; further investigation and notice ofdecision; settlement.
A. Upon the completion of any contract for the construction of any statehighway project awarded by the Commonwealth Transportation Board or by theCommonwealth Transportation Commissioner to any contractor, if the contractorfails to receive such settlement as he claims to be entitled to under thecontract for himself or for his subcontractors or for persons furnishingmaterials for the contract for costs and expenses caused by the acts oromissions of the Department of Transportation, he may, within sixty daysafter the final estimate date, deliver to the Department of Transportation,through proper administrative channels as determined by the Department, awritten claim for such amount to which he deems himself, his subcontractors,or his material persons entitled under the contract. The final estimate dateshall be set forth in a letter from the Department to the contractor sent bycertified mail. The claim shall set forth the facts upon which the claim isbased, provided that written notice of the contractor's intention to filesuch claim shall have been given to the Department at the time of theoccurrence or beginning of the work upon which the claim and subsequentaction is based. Within ninety days from receipt of such claim, theDepartment shall make an investigation and notify the claimant in writing bycertified mail of its decision. The claimant and the Department may, however,mutually extend such ninety-day period for another thirty days.
B. If dissatisfied with the decision, the claimant shall, within thirty daysfrom receipt of the Department's decision, notify the CommonwealthTransportation Commissioner, in writing, that he desires to appear beforehim, either in person or through counsel, and present any additional factsand arguments in support of his claim as previously filed.
C. The Commissioner shall schedule such appearance to be held within thirtydays of receiving the claimant's written request. The claimant and theCommissioner may, however, mutually agree to schedule such appearance to beheld after thirty days but before sixty days from the receipt of theclaimant's written request.
D. Within forty-five days from the date of the appearance before him, theCommissioner shall make an investigation of the claim and notify thecontractor in writing of his decision. The claimant and the Commissioner may,however, mutually agree to extend such forty-five-day period for anotherthirty days. If the Commissioner deems that all or any portion of a claim isvalid, he shall have the authority to negotiate a settlement with thecontractor, but any such settlement shall be subject to the provisions of §2.2-514.
E. Failure of the Department or the Commissioner to render a decision withinthe time period specified in subsections A and D, or within such other periodas has been mutually agreed upon as provided in this section, shall be deemeda denial of the claim. Any mutual agreements for time extension permittedherein shall in no way extend the limitations set out in § 33.1-192.1.
If the Commissioner determines that a claim has been denied as the result ofan administrative oversight, then the Department reserves the right toreconsider the claim.
(1976, c. 230; 1982, c. 320; 1991, c. 691; 1994, c. 67; 2001, c. 175; 2007,c. 162.)
§ 33.1-386. Submission of claims; initial investigation and notice ofdecision; appearance before Commissioner; further investigation and notice ofdecision; settlement.
A. Upon the completion of any contract for the construction of any statehighway project awarded by the Commonwealth Transportation Board or by theCommonwealth Transportation Commissioner to any contractor, if the contractorfails to receive such settlement as he claims to be entitled to under thecontract for himself or for his subcontractors or for persons furnishingmaterials for the contract for costs and expenses caused by the acts oromissions of the Department of Transportation, he may, within sixty daysafter the final estimate date, deliver to the Department of Transportation,through proper administrative channels as determined by the Department, awritten claim for such amount to which he deems himself, his subcontractors,or his material persons entitled under the contract. The final estimate dateshall be set forth in a letter from the Department to the contractor sent bycertified mail. The claim shall set forth the facts upon which the claim isbased, provided that written notice of the contractor's intention to filesuch claim shall have been given to the Department at the time of theoccurrence or beginning of the work upon which the claim and subsequentaction is based. Within ninety days from receipt of such claim, theDepartment shall make an investigation and notify the claimant in writing bycertified mail of its decision. The claimant and the Department may, however,mutually extend such ninety-day period for another thirty days.
B. If dissatisfied with the decision, the claimant shall, within thirty daysfrom receipt of the Department's decision, notify the CommonwealthTransportation Commissioner, in writing, that he desires to appear beforehim, either in person or through counsel, and present any additional factsand arguments in support of his claim as previously filed.
C. The Commissioner shall schedule such appearance to be held within thirtydays of receiving the claimant's written request. The claimant and theCommissioner may, however, mutually agree to schedule such appearance to beheld after thirty days but before sixty days from the receipt of theclaimant's written request.
D. Within forty-five days from the date of the appearance before him, theCommissioner shall make an investigation of the claim and notify thecontractor in writing of his decision. The claimant and the Commissioner may,however, mutually agree to extend such forty-five-day period for anotherthirty days. If the Commissioner deems that all or any portion of a claim isvalid, he shall have the authority to negotiate a settlement with thecontractor, but any such settlement shall be subject to the provisions of §2.2-514.
E. Failure of the Department or the Commissioner to render a decision withinthe time period specified in subsections A and D, or within such other periodas has been mutually agreed upon as provided in this section, shall be deemeda denial of the claim. Any mutual agreements for time extension permittedherein shall in no way extend the limitations set out in § 33.1-192.1.
If the Commissioner determines that a claim has been denied as the result ofan administrative oversight, then the Department reserves the right toreconsider the claim.
(1976, c. 230; 1982, c. 320; 1991, c. 691; 1994, c. 67; 2001, c. 175; 2007,c. 162.)
