Combined Construction Inc. 7/22/2020

I1 the Board a minimum of 21 calendar days prior to the date the Board 2 sets to convene the hearing for the dispute, unless otherwise mutually I 3 agreed to by the parties and the Board. Either party shall produce such 4 additional evidence as the Board may deem necessary and furnish 5 copies to the other party prior to submittal to the Board. I 6 7 4. The conduct of the hearing shall be established by the Board and be 8 generally consistent with the following guidelines: I 9 10 a. The party who referred the dispute to the Board shall present first, 11 followed by the other party. 12 I 13 b. To assure each party a full and adequate opportunity to present 14 their position, both parties shall be allowed successive rebuttals 15 and to rebut the opposing party's position until, in the Board's 16 opinion, all aspects of the dispute have been fully and fairly 17 covered. 18 I 19 c. The Board shall be fully prepared to, and may at any time, ask 20 questions, request clarifications, or ask for additional data, 21 documents, and/or job records. I 22 23 d. Either party may request that the Board direct a question to, or 24 request a clarification from the other party. The Board shall I 25 determine at what point in the proceedings such requests may be 26 made and if they will be granted. In general, the Board will not 27 allow one party to be questioned directly by the other party. 28 I 29 e. In difficult or complex cases, additional hearings may be 30 necessary to facilitate full consideration and understanding of the 31 dispute. I 32 33 f. The Board, in its discretion, may allow introduction of arguments, 34 exhibits, handouts, or documentary evidence that were not 35 included in that party's prehearing position paper or rebuttal and 36 have not been previously submitted to the other party. In such 37 cases the other party will be granted time to review and prepare a I 38 rebuttal to the new material, which may require a continuation of 39 the hearing. 40 I 41 5. After the hearing is concluded, the Board shall meet in private and 42 reach a conclusion supported by two or more members. Its findings 43 and recommendations, together with its reasons shall then be 44 submitted as a written report to both parties. The recommendations I 45 shall be based on the pertinent Contract provisions, facts, and 46 circumstances involved in the dispute. The Contract shall be 47 interpreted and construed in accordance with the laws of the State of I 48 Washington. 49 50 Failure to Prepare a Pre-Hearing Submittal or Attend a Hearing 51 In the event that either party fails to deliver a pre-hearing submittal by the 52 date established by the Board, the Board shall, at its discretion, determine I MAPLE HEIGHTS BRIDGE SEISMIC RETROFIT PAGE 75 OF 106 SPECIAL PROVISIONS—Addendum 1 WORK ORDER#3693 MAY 4,2020 FEDERAL AID#BHM-2776(008)