Effective - 28 Aug 2003
226.096. Certain controversies or claims to be settled by arbitration — rulemaking authority. — 1. This section shall govern any controversy or claim to which the Missouri department of transportation is a party that arises out of or relates to a contract awarded pursuant to subdivision (9) of subsection 1 of section 226.130, and the claim exceeds twenty-five thousand dollars, but is less than three hundred twenty-seven thousand dollars as adjusted on an annual basis effective January first of each year in accordance with the Implicit Price Deflator for Personal Consumption Expenditures as calculated pursuant to subsection 5 of section 537.610. Provided a claim has been filed pursuant to the procedures set forth in the Missouri standard specifications for highway construction, or its successor, upon issuance of a final decision as provided in such standards or upon expiration of ninety days from the date the claim was filed, the controversy or claim shall upon written demand by any party to the contract be settled by arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules, except as provided herein. The highways and transportation commission shall promulgate rules pursuant to chapter 536, to become effective on or before July 1, 2004, establishing a method for appointment of arbitrators and allowing for the mediation of claims upon agreement of both parties. Judgment upon awards rendered under arbitration shall be entered in the circuit court of Cole County, Missouri.
2. Any contract specification, special provision, contract clause, or rule pertaining to contracts governed by this section, which purports to waive, release or extinguish the rights of a contractor to file a claim, or which purports to bind any court of competent jurisdiction or alternate dispute resolution process to any determinations of fact rendered by the Missouri department of transportation or its employees and agents so as to prevent any such court or alternate dispute resolution process from fully considering the merits of any controversy or claim governed by this section, is against public policy and shall be void and unenforceable.
3. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2003, shall be invalid and void.
--------
(L. 2003 H.B. 668)
Structure Missouri Revised Statutes
Title XIV - Roads and Waterways
Chapter 226 - Department of Transportation
Section 226.007 - Transfer of agencies.
Section 226.010 - Definitions.
Section 226.020 - State highways and transportation commission created.
Section 226.030 - Number of members — qualifications — term — removal — compensation.
Section 226.033 - Prohibited acts by certain commissioners.
Section 226.033 - Prohibited acts by certain commissioners.
Section 226.050 - Secretary to be appointed — duties and powers.
Section 226.070 - Attorney general shall advise commission, when.
Section 226.080 - Salaries, how fixed — veterans' preference authorized.
Section 226.095 - Arbitration for negligence actions, when.
Section 226.100 - Principal office to be in Jefferson City — persons authorized to administer oaths.
Section 226.120 - Chairman and vice chairman, election, term — quorum — monthly meeting, required.
Section 226.130 - Duties and powers of commission — rulemaking, procedure.
Section 226.134 - Projects funded by bonds to conform with priorities of 1992 plan, exception.
Section 226.140 - Audit of records, when — plan to modernize transportation system, report.
Section 226.170 - Election of state highways and transportation commission, how construed.
Section 226.181 - Parks, requests for federal aid, notice to be given department.
Section 226.190 - Assent to act of Congress for aid to state roads.
Section 226.210 - Road bond interest and sinking fund.
Section 226.220 - State road fund — sources — expenditures.
Section 226.225 - State transportation fund established, purposes.
Section 226.230 - Auditor, treasurer and highways and transportation commission — duties.
Section 226.250 - Authorized to acquire, by lease, purchase, or condemnation, plants or factories.
Section 226.270 - Method of procedure in case of condemnation proceedings.
Section 226.280 - Definitions.
Section 226.290 - Interpretations.
Section 226.300 - Purpose of law.
Section 226.310 - Duties and powers of state transportation department.
Section 226.320 - State agencies to cooperate.
Section 226.330 - State transportation department to accept donations of and acquire lands.
Section 226.340 - Area to be provided for parkway purposes.
Section 226.350 - State to convey necessary areas in fee simple to United States.
Section 226.360 - Political subdivisions to convey parkway areas.
Section 226.370 - Areas to be in accordance with preliminary development and property maps.
Section 226.380 - Areas prohibited from certain uses.
Section 226.390 - Use of existing highways in connection with parkways — conditions.
Section 226.400 - Concurrent jurisdiction ceded to United States.
Section 226.410 - All other powers preserved to state.
Section 226.420 - Powers and duties of state transportation department in parkway area.
Section 226.430 - Powers to be exercised when funds are appropriated.
Section 226.440 - Commission established.
Section 226.445 - Commission members, number, term, appointment — compensation — staff.
Section 226.450 - Meetings, number required annually — called how — quorum.
Section 226.455 - Commission's duties.
Section 226.460 - Commission's powers.
Section 226.465 - State agencies to cooperate.
Section 226.490 - Official highway maps — certain attractions to be designated, when.
Section 226.500 - Purpose of law.
Section 226.501 - Tenth amendment to United States Constitution quoted.
Section 226.502 - Legislative intent — funds to be used.
Section 226.510 - Definitions.
Section 226.520 - Permitted signs — specifications.
Section 226.530 - Permits — rulemaking.
Section 226.532 - Attorney general to represent the state in certain actions.
Section 226.545 - Landmark signs, permitted when.
Section 226.560 - Certain provisions to affect subsequently erected signs only.
Section 226.573 - Rulemaking — new technology in outdoor advertising.
Section 226.585 - Vegetation along right-of-way, cutting of — transportation department, duties.
Section 226.590 - Matching funds — source.
Section 226.650 - Purpose of law.
Section 226.660 - Definitions.
Section 226.670 - Licenses — fee.
Section 226.680 - Prohibited areas — exceptions.
Section 226.690 - Preexisting junkyards — screening — removal.
Section 226.700 - Rules authorized — injunctive relief.
Section 226.710 - Unlicensed junkyard — penalty.
Section 226.720 - Unscreened junkyards near state and county roads prohibited — penalty.
Section 226.750 - Beautification, rest, recreational areas authorized.
Section 226.760 - Acquisition, condemnation authority.
Section 226.770 - Authority to contract with public agencies for funds.
Section 226.780 - Expenditures limited to federal funds, when.
Section 226.790 - Commercial facilities within rest or recreation areas prohibited.
Section 226.792 - U.S. Route 66, original roads and highways to be renamed "Route 66".
Section 226.795 - Scenic road, State Highway 19 designation, duties.
Section 226.796 - U.S. Highway 66 designated historic highway — duties — costs, how paid.
Section 226.800 - Marking national historic trails with approved signs — donations.
Section 226.801 - Signs and outdoor advertising, rules and regulations.
Section 226.907 - Minority-owned construction companies not required, when.
Section 226.910 - Contract requirements not in compliance with federal law to be null and void.
Section 226.950 - Definitions.
Section 226.975 - Commission not required to file plans.
Section 226.1115 - Property removed from roadway to be taken to shoulder or berm of roadway.