TITLE 37
Public Property and Works

CHAPTER 37-2
State Purchases

SECTION 37-2-49


§ 37-2-49 Disputes and appeals procedure.

(a) Section 37-2-48 shall apply only to contracts that are not arbitrable under the provisions of chapter 16 of this title.

(b) Any person, firm, or corporation having a lawfully authorized written contract with the state at the time of or after January 1, 1990 may bring an action against the state on the contract, including, but not limited to, actions either for breach of contract, enforcement of contract, or both. Any claim shall be commenced in superior court within three (3) years from the date of completion specified in the contract and shall be tried by the court sitting without a jury. The case shall receive a priority position on the calendar. All defenses in law or equity, except the defense of governmental immunity, shall be preserved to the state.

(c) The court shall enter its findings as a judgment of the court and the judgment shall have the same effect and be enforceable as any other judgment of the court in civil cases, subject to the provisions of this chapter.

(d) Appeals may be taken to the supreme court under the same conditions and under the same practice as appeals are taken from judgments in civil cases rendered by the superior court.

(e) If damages awarded on any contract claim under this section exceed the original amount of the contract, the excess shall be limited to an amount which is equal to the amount of the original contract.

(f) No person, firm, or corporation shall be permitted more than one money recovery upon a claim for the enforcement of or for breach of contract with the state.

History of Section.
(P.L. 1989, ch. 526, § 2.)