§ 136-29. Adjustment and resolution of Department of Transportation contract claim.
§ 136‑29. Adjustmentand resolution of Department of Transportation contract claim.
(a) A contractor whohas completed a contract with the Department of Transportation let inaccordance with Article 2 of this Chapter and who has not received the amounthe claims is due under the contract may submit a verified written claim to theSecretary of Transportation for the amount the contractor claims is due. Theclaim shall be submitted within 60 days after the contractor receives his finalstatement from the Department and shall state the factual basis for the claim.
The Secretary or theSecretary's designee shall investigate a submitted claim within 90 days ofreceiving the claim or within any longer time period agreed to by the Secretaryor the Secretary's designee and the contractor. The contractor may appearbefore the Secretary or the Secretary's designee, either in person or throughcounsel, to present facts and arguments in support of the claim. The Secretaryor the Secretary's designee may allow, deny, or compromise the claim, in wholeor in part. The Secretary or the Secretary's designee shall give the contractora written statement of the decision on the contractor's claim.
(b) A contractor who isdissatisfied with the Secretary or the Secretary's designee's decision on thecontractor's claim may commence a contested case on the claim under Chapter150B of the General Statutes. The contested case shall be commenced within 60days of receiving the written statement of the decision.
(c) As to any portionof a claim that is denied by the Secretary or the Secretary's designee, thecontractor may, in lieu of the procedures set forth in subsection (b) of thissection, within six months of receipt of the final decision, institute a civilaction for the sum he claims to be entitled to under the contract by filing averified complaint and the issuance of a summons in the Superior Court of WakeCounty or in the superior court of any county where the work under the contractwas performed. The procedure shall be the same as in all civil actions exceptthat all issues shall be tried by the judge, without a jury.
(d) The provisions ofthis section shall be part of every contract let in accordance with Article 2of this Chapter between the Department of Transportation and a contractor. Aprovision in a contract that conflicts with this section is invalid. (1939, c. 318; 1947, c. 530;1957, c. 65, s. 11; 1963, c. 667; 1965, c. 55, s. 11; 1967, c. 873; 1973, c.507, ss. 5, 17, 18; 1977, c. 464, s. 7.1; 1983, c. 761, s. 191; 1987, c. 847,s. 3; 2009‑266, s. 16.)