{"data":{"id":"us-ut/utah-code-63a-5b-606","jurisdiction":"us-ut","citation":"Utah Code § 63A-5b-606","heading":"Dispute resolution process -- Penalties for fraud or bad faith claim.","body":"(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the director shall make rules for the division establishing a process for resolving disputes involved with contracts under the division's procurement authority.\n(2) The director shall consider, and the rules may include:\n(a) requirements regarding preliminary resolution efforts between the parties directly involved with the dispute;\n(b) requirements for the filing of a claim, including notification, time frames, and documentation;\n(c) identification of the types of costs eligible for allocation and a method for allocating costs among the parties to the dispute;\n(d) a required time period, not to exceed 60 days, for the resolution of the claim;\n(e) a provision for an independent hearing officer, panel, or arbitrator to extend the time period for resolution of the claim by not to exceed 60 additional days for good cause;\n(f) a provision for the extension of required time periods if the claimant agrees;\n(g) requirements that decisions be issued in writing;\n(h) provisions for an administrative appeal of a decision;\n(i) provisions for the timely payment of claims after resolution of the dispute, including any appeals;\n(j) a requirement that the final determination resulting from the dispute resolution process provided for in the rules is a final agency action subject to judicial review as provided in Sections 63G-4-401 and 63G-4-402;\n(k) a requirement that a claim or dispute that does not include a monetary claim against the division or an agent of the division is not limited to the dispute resolution process provided for in this section;\n(l) requirements for claims and disputes to be eligible for the dispute resolution process under this section;\n(m) the use of an independent hearing officer or panel or the use of arbitration or mediation; and\n(n) the circumstances under which a subcontractor may file a claim directly with the division.\n(3) A person pursuing a claim under the process established as provided in this section:\n(a) is bound by the decision reached under this process, subject to any modification of the decision on appeal; and\n(b) may not pursue a claim, protest, or dispute under the dispute resolution process established in Title 63G, Chapter 6a, Utah Procurement Code.\n(4) A fraudulent misrepresentation made by or bad faith claim pursued by a contractor, subcontractor, or supplier, may be grounds for:\n(a) the director to suspend or debar the contractor, subcontractor, or supplier; or\n(b) the contractor, subcontractor, or supplier to be disciplined by the Division of Professional and Occupational Licensing.","path":["Title 63A Utah Government Operations Code","Chapter 63A-5b Administration of State Facilities","Part 63A-5b-6 Design and Construction"],"source_url":"https://le.utah.gov/xcode/Title63A/Chapter5b/63A-5b-S606.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"85d208cb5f4e4fddf1476bc600d313de9fa52a9fc34d69552fabebd19a72ca81","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-63a-5b-605","next":"us-ut/utah-code-63a-5b-607"},"notice":"GroundRules: Original legal text. Not legal advice."}