A contractor aggrieved by a final written decision of the department Engineer may appeal in writing to the ALJ, who holds a hearing and then writes a report and recommends a decision to the Secretary.
Appeals before the ALJ involve road and bridge contract disputes, such as contractor claims for additional payment due for extra work, alterations in the work, changed conditions, increased or decreased quantities and the like. Appeals may also arise from contractor petitions to the MassDOT Chief Engineer to favorably exercise her discretion to allow an equitable adjustment in the contract price for costs of delay not the fault of the contractor.
An appeal to the ALJ is the last step in the Department’s dispute resolution process for construction contract claims, which begins with a determination by the District overseeing the contract. If the Contractor disagrees with the District’s determination, the claim is brought to the Chief Engineer’s Claims Committee. The Contractor and District present their respective positions, and then the Committee will deliberate and make a determination on the claim.
If the Contractor decides to appeal the Chief Engineer’s determination, it may file a notice of appeal to the ALJ.