§ 4.36.030. Authority to resolve contract and breach of contract controversies.

A.

Applicability. This section applies to controversies between the metropolitan government and a contractor and which arise under, or by virtue of, a contract between them. This includes without limitation controversies based upon breach of contract, mistake, misrepresentation or other cause for contract modification or recision.

B.

Authority. The purchasing agent is authorized, prior to commencement of an action in court concerning the controversy, to settle and resolve a controversy described in subsection A of this section. This authority shall be exercised in accordance with regulations promulgated by the standards board.

C.

Decision. If such a controversy is not resolved by mutual agreement, the purchasing agent shall promptly issue a decision in writing. The decision shall state the reason for the action taken.

D.

Notice of Decision. A copy of the decision under subsection C of this section shall be mailed or otherwise furnished immediately to the contractor.

E.

Failure to Render Timely Decision. If the purchasing agent does not issue the written decision required under subsection C of this section within one hundred and twenty days after a written request for a final decision or within such longer period as may be agreed upon by the parties, the contractor may proceed as if an adverse decision had been received.

(Ord. 92-210 § 1 (9-103), 1992)