Current through October 31, 2024
Rule 37-401-5.1 - Requests for Arbitration GenerallyA. The Contractor or Mississippi Transportation Commission may file for arbitration any time prior to final payment being made and accepted by the contractor.B. The Contractor may not request arbitration of a monetary or non-monetary claim unless a written claim by the contractor has been submitted to the Chief Engineer, Mississippi Department of Transportation, and until either: (1) the claim is denied in whole or in part by the Chief Engineer in writing or, (2) sixty days from date of submission have passed without a written decision by the Chief Engineer.C. Absent agreement of the parties, the Board shall have jurisdiction to hear matters concerning Seven Hundred Fifty Thousand Dollars ($750,000.00) or less per contract without regard to the size of the contract. The parties, by mutual written agreement, may submit to the Board claims in excess of the jurisdictional limit of Seven Hundred Fifty Thousand Dollars ($750,000.00). Absent agreement of the parties, the number of arbitration proceeding regarding monetary issues shall be limited to three (3) per contract.37 Miss. Code. R. 401-5.1
Miss. Code Ann. §§ 65-2-5; 65-2-1