63A-5b-606. Dispute resolution process — Penalties for fraud or bad faith claim.
Terms Used In Utah Code 63A-5b-606
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Director: means the division director, appointed under Section 63A-5b-302. See Utah Code 63A-5b-102
- Division: means the Division of Facilities Construction and Management created in Section 63A-5b-301. See Utah Code 63A-5b-102
- Fraud: Intentional deception resulting in injury to another.
- Person: means :Utah Code 68-3-12.5
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Writing: includes :Utah Code 68-3-12.5
| (2) |
The director shall consider, and the rules may include:
| (a) |
requirements regarding preliminary resolution efforts between the parties directly involved with the dispute; |
| (b) |
requirements for the filing of a claim, including notification, time frames, and documentation; |
| (c) |
identification of the types of costs eligible for allocation and a method for allocating costs among the parties to the dispute; |
| (d) |
a required time period, not to exceed 60 days, for the resolution of the claim; |
| (e) |
a provision for an independent hearing officer, panel, or arbitrator to extend the time period for resolution of the claim by not to exceed 60 additional days for good cause; |
| (f) |
a provision for the extension of required time periods if the claimant agrees; |
| (g) |
requirements that decisions be issued in writing; |
| (h) |
provisions for an administrative appeal of a decision; |
| (i) |
provisions for the timely payment of claims after resolution of the dispute, including any appeals; |
| (j) |
a requirement that the final determination resulting from the dispute resolution process provided for in the rules is a final agency action subject to judicial review as provided in Sections 63G-4-401 and 63G-4-402; |
| (k) |
a requirement that a claim or dispute that does not include a monetary claim against the division or an agent of the division is not limited to the dispute resolution process provided for in this section; |
| (l) |
requirements for claims and disputes to be eligible for the dispute resolution process under this section; |
| (m) |
the use of an independent hearing officer or panel or the use of arbitration or mediation; and |
| (n) |
the circumstances under which a subcontractor may file a claim directly with the division. |
|
| (3) |
A person pursuing a claim under the process established as provided in this section:
| (a) |
is bound by the decision reached under this process, subject to any modification of the decision on appeal; and |
|
| (4) |
A fraudulent misrepresentation made by or bad faith claim pursued by a contractor, subcontractor, or supplier, may be grounds for:
| (a) |
the director to suspend or debar the contractor, subcontractor, or supplier; or |
| (b) |
the contractor, subcontractor, or supplier to be disciplined by the Division of Professional and Occupational Licensing. |
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Amended by Chapter 169, 2022 General Session
