- (1) In the event of any dispute between the parties to any contracts or purchases made under this chapter, exclusive of contracts for engineering and architectural services prescribed in Alabama Administrative Code §450-12-1-.04(1), both parties shall meet and engage in a good faith attempt to resolve the dispute. Should that effort fail, and the dispute involves the payment of money, a party's sole remedy is the filing of a claim with the Board of Adjustment of the State of Alabama.
- (2) For any and all other disputes arising under the terms of contracts or purchases made under this chapter, exclusive of contracts for engineering and architectural services prescribed in Alabama Administrative Code §450-12-1-.04(1), which are not resolved by negotiation, the parties will utilize appropriate forms of non-binding alternative dispute resolution including, but not limited to, mediation. Such dispute resolution shall occur in Montgomery, Alabama utilizing where appropriate, mediators selected from the roster of mediators maintained by the Center For Dispute Resolution of the Alabama State Bar. In the event that the non-binding alternative dispute resolution is unsuccessful in resolving the issues between the Department and the contracting party under this section, the Director shall make a final decision, which includes the relevant facts and rationale, on the protest or dispute.
Author: William F. Patty, Chief Counsel
Statutory Authority: Code of Ala. 1975, §§23-1-40, 23-1-48, 23-1-50, 23-1-50.1, 23-1-51, 23-1-53, 23-1-59, 23-1-62, 41-4-124, 41-4-126.
History: New Rule: Published November 30, 2022, effective January 14, 2023.