226.096. Certain controversies or claims to be settled by arbitration--rulemaking authority.
Certain controversies or claims to be settled byarbitration--rulemaking authority.
226.096. 1. This section shall govern any controversy or claim towhich the Missouri department of transportation is a party that arises outof or relates to a contract awarded pursuant to subdivision (9) ofsubsection 1 of section 226.130, and the claim exceeds twenty-five thousanddollars, but is less than three hundred twenty-seven thousand dollars asadjusted on an annual basis effective January first of each year inaccordance with the Implicit Price Deflator for Personal ConsumptionExpenditures as calculated pursuant to subsection 5 of section 537.610,RSMo. Provided a claim has been filed pursuant to the procedures set forthin the Missouri standard specifications for highway construction, or itssuccessor, upon issuance of a final decision as provided in such standardsor upon expiration of ninety days from the date the claim was filed, thecontroversy or claim shall upon written demand by any party to the contractbe settled by arbitration administered by the American ArbitrationAssociation under its Construction Industry Arbitration Rules, except asprovided herein. The highways and transportation commission shallpromulgate rules pursuant to chapter 536, RSMo, to become effective on orbefore July 1, 2004, establishing a method for appointment of arbitratorsand allowing for the mediation of claims upon agreement of both parties.Judgment upon awards rendered under arbitration shall be entered in thecircuit court of Cole County, Missouri.
2. Any contract specification, special provision, contract clause, orrule pertaining to contracts governed by this section, which purports towaive, release or extinguish the rights of a contractor to file a claim, orwhich purports to bind any court of competent jurisdiction or alternatedispute resolution process to any determinations of fact rendered by theMissouri department of transportation or its employees and agents so as toprevent any such court or alternate dispute resolution process from fullyconsidering the merits of any controversy or claim governed by thissection, is against public policy and shall be void and unenforceable.
3. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date, or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2003, shall beinvalid and void.
(L. 2003 H.B. 668)