§ 319-11. Errors and Disputes.

(a)

Contractor disputes.

(1)

Disputes arising between contractors and the city as a result of official, design professional, or consultant disapproval of invoices shall be resolved in accordance with the contract documents or with the dispute resolution mechanisms in place for the particular assigned contracting agency. Otherwise, disputes arising between contractors and the city as a result of the expending authority and/or department of finance disapproval of invoices shall be resolved through the procedure set out in the contract bid documents. Disputes arising between contractors and the city as a result of the director of finance's disapproval of invoices shall be resolved through procedures established by the director of finance. Disputes pertaining to prevailing wages shall be resolved pursuant to state or federal law. Disputes between or among contractors and subcontractors arising out of the provisions of this chapter shall be resolved through a private right of action, provided that, such private right of action is not intended to grant and shall not grant subcontractor third-party beneficiary status in any contract between the city and a contractor. The city shall have no authority or obligation to adjudicate, enforce, determine, or otherwise participate in disputes between or among contractors or subcontractors arising out of the provisions of this chapter.

(b)

Internal disputes. Disputes regarding the allocation of interest and/or the amount assessed may be referred to the prompt payment arbiter.

(Ordained by Ord. No. 297-2002, eff. Sept. 18, 2002)