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1 After receiving the BOARD recommendations, the STATE and the CONTRACTOR <br /> 2 shall respond to the other in writing signifying that the dispute is either resolved, or <br /> 3 remains unresolved. Although both parties should place weight upon the BOARD's <br /> 4 recommendations, they are not binding. However, if the BOARD's <br /> 5 recommendations do not resolve the dispute, all records, and written <br /> 6 recommendations, including any minority reports, may be admissible as evidence <br /> 7 in any subsequent litigation. If the BOARD's assistance has not resolved the <br /> 8 dispute, the CONTRACTOR must file a claim in accordance with the STATE's <br /> 9 Standard Specification 1-09.11(2), Claims, before seeking judicial relief. <br /> 10 <br /> 11 Miscellaneous <br /> 12 It is not desirable to adopt hard and fast rules for the functioning of the BOARD. <br /> 13 The entire procedure is expected to be flexible enough to respond appropriately to <br /> 14 changing situations. The BOARD should initiate, along with the STATE and <br /> 15 CONTRACTOR's concurrence, new rules or modifications to old ones whenever <br /> 16 this is deemed appropriate. <br /> 17 <br /> CITY OF EVERETT <br /> GRAND AVENUE PARK BRIDGE July 2017 <br /> WO#3588 Appendix J-5 <br />