Resolution of Construction Claims
Cal. PCC § 20104.2
California Statutes
For any claim subject to this article, the following requirements apply: (
a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)
(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within days of receipt of the claim, or may request, in writing, within days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to the claimant within days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)
(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within days of receipt of the claim, or may request, in writing, within days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to the claimant within days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (
d) If the claimant disputes the local agency’s written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within days of receipt of the local agency’s response or within days of the local agency’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall
schedule a meet and confer conference within days for settlement of the dispute. (
e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in
Chapter 1 (commencing with
Section 900) and
Chapter 2 (commencing with
Section 910) of Part of Division 3.6 of Title of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (
a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (
f) This
article does not apply to tort claims and nothing in this
article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by