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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
1994 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 33.1-386 of the Code of Virginia is amended and reenacted as follows:
§ 33.1-386. Submission of claims; initial investigation and notice of decision; appearance before Commissioner; further investigation and notice of decision; settlement.
A. Upon the completion of any contract entered into on or after July 1,
1976, for the construction of any state highway project awarded by the
Commonwealth Transportation Board to any contractor, if the contractor fails
to receive such settlement as he claims to be entitled to under his
the contract for himself or for his subcontractors or for persons
furnishing materials for the contract for costs and expenses caused by the
acts or omissions of the Department of Transportation, he may, within sixty
days from the time of payment of his notification of the
Department's final estimate, submit to the Department of Transportation,
through proper administrative channels as determined by the Department, a
written claim for such amount to which he deems himself, his subcontractors,
or his material persons entitled under the contract. The claim shall set
forth the facts upon which the claim is based, provided that written notice
of the contractor's intention to file such claim shall have been given to the
Department at the time of the occurrence or beginning of the work upon which
the claim and subsequent action is based. Within ninety days from receipt of
such claim, the Department shall make an investigation and notify the
claimant in writing by registered 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 days from receipt of the Department's decision, notify the Commonwealth Transportation Commissioner, in writing, that he desires to appear before him, either in person or through counsel, and present any additional facts and arguments in support of his claim as previously filed.
C. The Commissioner shall schedule such appearance to be held within thirty days of receiving the claimant's written request. The claimant and the Commissioner may, however, mutually agree to schedule such appearance to be held after thirty days but before sixty days from the receipt of the claimant's written request.
D. Within forty-five days from the date of the appearance before him, the Commissioner shall make an investigation of the claim and notify the contractor in writing of his decision. The claimant and the Commissioner may, however, mutually agree to extend such forty-five-day period for another thirty days. If the Commissioner deems that all or any portion of a claim is valid, he shall have the authority to negotiate a settlement with the contractor, but any such settlement shall be subject to the provisions of § 2.1-127.
E. Failure of the Department or the Commissioner to render a decision within the time period specified in subsections A and D, or within such other period as has been mutually agreed upon as provided in this section, shall be deemed a denial of the claim. Any mutual agreements for time extension permitted herein shall in no way extend the limitations set out in § 33.1-192.1.
F. This section shall apply to all construction contracts that are entered into subsequent to June 30, 1976. Section 33.1-382 shall continue in force as to contracts entered into prior to July 1, 1976.