Utah Admin. Code R23-26-7 - Payment of Claim
(1) When a
stand-alone component of a claim has received a final determination, and is no
longer subject to review or appeal, that amount shall be paid in accordance
with the payment provisions of the contract or judicial order.
(2) When the entire claim has received a
final determination, and is no longer subject to review or appeal, the full
amount shall be paid within 14 days of the date of the final determination
unless the work or services has not been completed, in which case the amount
shall be paid in accordance with the payment provisions of the contract to the
point that the work or services is completed.
(3) The final determination date is the
earlier of the date upon which the claimant accepted the settlement in writing
with an executed customary release document and waived its rights of appeal, or
the expiration of the appeal period, with no appeal filed, or the determination
made resulting from the final appeal.
(4) Any final determination where the
division is to pay additional monies to the contractor shall not be delayed by
any appeal or request for judicial review by another party brought into the
process by the division as being liable to the division.
(5) Notwithstanding any other provision of
this rule, payment of all or part of a claim is subject to any set-off, claims
or counterclaims of the division.
(6) Payment to the contractor for a
subcontractor issue (claim) deemed filed by the contractor, shall be paid by
the contractor to the subcontractor in accordance with the subcontract between
the contractor and the subcontractor.
(7) The execution of a customary release
document by the claimant related to any payment may be required as a condition
of making the payment. Except to the extent expressly and specifically released
in writing by DFCM, settlement of a contractor or subcontractor claim by DFCM
shall not be deemed a release of any claim by DFCM.
Notes
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