1. Except as otherwise provided in subsection 2, a public body charged with the drafting
of specifications for a public work shall include in the specifications a clause requiring
the use of a method of alternate dispute resolution before initiation of a judicial
action if a dispute arising between the public body and the contractor engaged on
a public work cannot otherwise be settled.
2. The provisions of subsection 1 do not require the Department of Transportation
to include such a clause in any contract entered into by the Department.
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