(a) Informal resolution. The project sponsor and department
delegate will attempt to informally resolve any dispute concerning
implementation of this subchapter before using other methods of dispute
resolution. The informal dispute resolution procedures described in
the project scope shall be implemented in accordance with the deadlines
indicated in the project scope.
(b) Project sponsor is a department district or division.
If a project sponsor is a department district or division, a dispute
between the project sponsor and department delegate concerning implementation
of this subchapter that cannot be resolved informally under subsection
(a) of this section will be brought to the attention of and resolved
by the department's executive director within 60 days after that date
that the project sponsor or department delegate requests resolution.
(c) Project sponsor is a local government. If the project
sponsor is a local government, disputes between the project sponsor
and department delegate concerning implementation of this subchapter
that cannot be resolved informally under subsection (a) of this section
will be resolved according to the procedures set out in this subsection.

  (1) The project sponsor and department delegate will
ask their respective attorneys to meet and attempt to resolve the
dispute.
  (2) If the project sponsor's and department delegate's
respective attorneys are unable to resolve the dispute, the project
sponsor or department delegate may refer the dispute to mediation
or other alternative dispute resolution process for resolution. The
project sponsor and the department will share equally the expenses
of the mediation or other alternative dispute resolution process.
  (3) Any mediation or other alternative dispute resolution
process must be concluded not later than the 60th day after the first
date that either the project sponsor or the department delegate requests
dispute resolution under paragraph (2) of this subsection.


Source Note: The provisions of this §2.52 adopted to be effective April 16, 2012, 37 TexReg 1727; amended to be effective April 16, 2014, 39 TexReg 2941