Contract Claims

Contract Claims 3.3.7.1 The Department is not a party to any contract between the DWSELF Loan Recipient and the construction contractor(s), the registered engineer(s), The attorney(s), the equipment supplier(s), the subcontractor(s) or any other parties. 3.3.7.2 Upon execution of any contract between the Loan Recipient and any other party in regard to a DWSELF funded project, the Department does not assume any authorities, duties, responsibilities, or liabilities under such a contract. 3.3.7.3 The Department does not have any authority, duty, responsibility, or liability in contract claims identification, negotiation, resolution, or any other actions regarding contract claims under the contract(s) between the Loan Recipient and any other party. 3.3.7.4 No actions taken by the Department, either directly or indirectly, in regard to the DWSELF loan funded project constitute or establish any determinations, authority, duty, responsibility, or liability under the contract(s) between the Loan Recipient and any other party. 3.3.7.5 The Loan Recipient and the contracting party must resolve all claims and contract disputes by negotiation, arbitration, litigation, or other means as provided in the contract documents and State law, prior to submission of any change order to the Department staff for review and approval, in order to obtain a DWSELF loan eligibility/allowability determination.