General ProvisionsArbitration of Public Works Contract Claims

Section § 22200

Explanation

This section defines two key terms related to public works contracts. A "public works contract" refers to agreements made by the state or any of its subdivisions or public agencies for construction-related activities on real property, excluding those under the State Contract Act. A "claim" is a request for payment or compensation related to the performance of such a contract.

As used in this part:
(a)CA Public Contract Code § 22200(a) “Public works contract” means, except for a contract awarded pursuant to the State Contract Act (Part 2 (commencing with Section 10100)), a contract awarded through competitive bids or otherwise by the state, any of its political subdivisions or public agencies for the erection, construction, alteration, repair, or improvement of any kind upon real property.
(b)CA Public Contract Code § 22200(b) “Claim” means a demand for monetary compensation or damages, arising under or relating to the performance of any public works contract.
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Section § 22201

Explanation

This law allows public works contracts to include a clause for arbitration of disputes when bids are submitted and contracts are awarded, unless another law forbids it.

Unless otherwise prohibited by law, the terms of any public works contract may include at the time of bidding and of award a provision for arbitration of any claim pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
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