Utah Code § 63G-10-402

Department of Transportation construction contract claim settlement agreement
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approval and review.
(1) As used in this section:
(a) "Claims review board" means a committee established by the department to hear unresolved
claims and make recommendations for settlement to the deputy director of the department.
(b) "Department" means the Department of Transportation created in Section 72-1-201.
(c) "Settlement agreement" includes stipulations, consent decrees, settlement agreements,
or other legally binding documents or representations resolving a dispute between the
department and another party when the department is required to pay money or required to
take legally binding action.
(2) The department shall obtain the approval of the Transportation Commission or the governor or
review by the Legislative Management Committee of a settlement agreement that involves a
construction contract claim in accordance with this section.
(3) A construction contract claim settlement agreement that is being recommended by the
department's claims review board that might cost government entities more than $250,000 to
implement shall be presented to the Transportation Commission for approval or rejection.
(4) A construction contract claim settlement agreement that is being recommended by the
department's claims review board that might cost government entities more than $1,000,000 to
implement shall be presented:
(a) to the Transportation Commission for approval or rejection; and
(b) to the governor for approval or rejection.
(5)
(a) A construction contract claim settlement agreement that is being recommended by the
department's claims review board that might cost government entities more than $2,000,000
to implement shall be presented:
(i) to the Transportation Commission for approval or rejection;
(ii) to the governor for approval or rejection; and

(iii) if the construction contract claim settlement agreement is approved by the Transportation
Commission and the governor, to the Legislative Management Committee.
(b) The Legislative Management Committee may recommend approval or rejection of the
construction contract claim settlement agreement.
(6)
(a) The department may not enter into a construction contract claim settlement agreement that
is being recommended by the department's claims review board that might cost government
entities more than $250,000 to implement until the Transportation Commission has approved
the agreement.
(b) The department may not enter into a construction contract claim settlement agreement that
is being recommended by the department's claims review board that might cost government
entities more than $1,000,000 to implement until the Transportation Commission and the
governor have approved the agreement.
(c) The department may not enter into a construction contract claim settlement agreement that
is being recommended by the department's claims review board that might cost government
entities more than $2,000,000 to implement until:
(i) the Transportation Commission has approved the agreement;
(ii) the governor has approved the agreement; and
(iii) the Legislative Management Committee has reviewed the agreement.
(7) The department shall, for each settlement agreement approved under this section for an
amount greater than $250,000 but less than $2,000,000, give notice to the Legislative
Management Committee by sending a settlement agreement report to the president of
the Senate, the speaker of the House of Representatives, and the director of the Office
of Legislative Research and General Counsel within three business days of executing the
agreement.

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