Anyone alleging injury (except wrongful deaths) or property damage as a result of the SCA's negligence or wrongful act must file with the SCA a written notice of that claim within ninety (90) days after the claim arises. The notice must be delivered to the SCA's Corporate Secretary at 30-30 Thomson Avenue, Long Island City, New York, 11101. The Corporate Secretary receives such notices on behalf of the Board of Trustees of the SCA.
Any claim related to the design, construction, reconstruction, improvement, rehabilitation, repair, furnishing or equipping of educational facilities must be filed with the SCA's Corporate Secretary within three (3) months after the claim arises. Moreover, an action or proceeding against the SCA must be commenced within one (1) year of the date on which the claim arises.
The notice of each claim against the SCA must set forth in detail: (i) the amount of the claim; (ii) a specific and detailed description of the grounds for the claim, relating the dollar amount claimed to the event purportedly giving rise to the claim and indicating how the dollar amount is determined; and (iii) the date of the event allegedly underlying the claim.
The SCA established procedures for the fair and equitable resolution of contract disputes without resort to litigation. The SCA developed rules to govern the mediation of these disputes. The rules may be found in the New York Code, Rules and Regulations under Title 21, Part 9603. The most important portions of those rules appear here.
After a notice of claim is filed, the contractor may elect to submit the matter to non-binding mediation by sending a written notice of dispute to the SCA's Corporate Secretary with a copy to the Vice President of Project Management and Operations and one to the Vice President and General Counsel within fifteen (15) working days of the date of filing of the notice of claim. The contractor must attach a copy of the notice of claim to the notice of dispute.
The mediation shall be conducted by a qualified mediator with expertise in the area of the dispute. The mediator shall be selected from a list maintained by the SCA, but the mediator must be approved by both the claimant and the SCA.
The contractor and the SCA may agree that a single mediation shall combine disputes involving more than one claim. The contractor and the SCA shall share equally all costs of the mediation including the mediator's fee.
Mediation sessions are private. All records, reports or other documents considered by the mediator are confidential. There is no stenographic record of the mediation process. The contractor and the SCA agree that the mediator shall not be compelled to divulge confidential materials or to testify in regard to the mediation in any adversary proceeding or judicial forum. They agree to maintain the confidentiality of the mediation and shall not rely on, or introduce as evidence in any arbitral, judicial, or other proceeding any of the following:
(1) views expressed or suggestions made by the other party with respect to a possible settlement of the dispute; (2) admissions made by the other party in the course of the mediation proceedings; (3) proposals made or views expressed by the mediator; or (4) the fact that the other party had or had not indicated willingness to accept a proposal for settlement made by the mediator.
If the mediation does not result in the execution of a settlement agreement between the contractor and the SCA, the mediator may prepare a written advisory opinion. A copy of an advisory opinion is delivered to the contractor and to the SCA's Corporate Secretary, Vice President for Project Management and Operations, and Vice President and General Counsel. The advisory opinion is a confidential document.