§ 37-2-49 - Disputes and appeals procedure.
SECTION 37-2-49
§ 37-2-49 Disputes and appeals procedure.– (a) Section 37-2-48 shall apply only to contracts that are not arbitrable underthe provisions of chapter 16 of this title.
(b) Any person, firm, or corporation having a lawfullyauthorized written contract with the state at the time of or after January 1,1990 may bring an action against the state on the contract, including, but notlimited to, actions either for breach of contract, enforcement of contract, orboth. Any claim shall be commenced in superior court within three (3) yearsfrom the date of completion specified in the contract and shall be tried by thecourt sitting without a jury. The case shall receive a priority position on thecalendar. All defenses in law or equity, except the defense of governmentalimmunity, shall be preserved to the state.
(c) The court shall enter its findings as a judgment of thecourt and the judgment shall have the same effect and be enforceable as anyother judgment of the court in civil cases, subject to the provisions of thischapter.
(d) Appeals may be taken to the supreme court under the sameconditions and under the same practice as appeals are taken from judgments incivil cases rendered by the superior court.
(e) If damages awarded on any contract claim under thissection exceed the original amount of the contract, the excess shall be limitedto an amount which is equal to the amount of the original contract.
(f) No person, firm, or corporation shall be permitted morethan one money recovery upon a claim for the enforcement of or for breach ofcontract with the state.