(a) A complaint by a Contractor shall be limited to the claim or claims presented to the Public Agency as required by the Contract.
(b) A complaint by a Contractor shall be verified in accordance with the provisions of Section 446 of the Code of Civil Procedure and shall contain:
(1) The caption, title and names of the Parties, as in civil actions, and the Contract number or other Contract designation.
(2) A copy of the final written decision and date of service of the decision from which the Arbitration is demanded.
(3) If no final written decision has been issued, a copy of the document that sets forth the date of acceptance of the Contract work.
(4) The name and address, for purposes of service, of the Petitioner.
(5) The name and address of any Interested Party, if joinder is requested, and any other Party.
(6) A statement to the effect that the claim or claims were previously presented to the Public Agency for decision in compliance with all Contract claims procedures.
(7) In ordinary and concise language, a statement of the claim or claims alleging the basis, with appropriate references to the Contract, for and the dollar amount of each claim.
(c) A complaint by a Public Agency shall contain:
(1) The caption, title and names of the Parties, as in civil actions, and the Contract number or other Contract designation.
(2) The name and address, for purposes of service, of the Petitioner.
(3) The name and address of any Interested Party, if joinder is requested, and any other Party.
(4) In ordinary and concise language, a statement of the claim or claims alleging the basis, with appropriate references to the Contract, for and the dollar amount of each claim.
Credits
Note: Authority cited: Sections 10240.5 and 10245.2, Public Contract Code. Reference: Sections 10240.2 and 10240.5, Public Contract Code.
1. Amendment filed 4-6-84; effective thirtieth day thereafter (Register 84, No. 14).
2. Renumbering of former section 351 to new section 1351 filed 6-20-97; operative 7-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 25).
3. Editorial correction of section number (Register 97, No. 27).
4. Renumbering of former section 1351 to new section 1383 and renumbering of former section 1364 to new section 1351, including amendment of section and Note filed 8-15-97; operative 8-15-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 33).
5. Amendment by General Services, Transportation and Water Resources departments of subsection hierarchy designations filed 8-23-2000; operative 9-22-2000 (Register 2000, No. 34).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 1, § 1351, 1 CA ADC § 1351
