Mississippi Administrative Code
Title 11 - Mississippi Department of Environmental Quality
Part 6 - Wastewater Pollution Control Regulations
Chapter 7 - Mississippi Commission on Environmental Quality Water Pollution Control Revolving Loan Fund Program Regulations
Appendix 11-6-7-L - Loan Recipient/Contractor Claims and Disputes
The Loan Recipient acknowledges and agrees that the Department is not a party, in any manner whatsoever, to any contract between the WPCRLF loan recipient and the construction contractor(s), engineer(s), attorney(s), equipment supplier(s), subcontractor(s) or any other parties of any kind whatsoever (hereinafter collectively referred to as "vendor"). The Loan Recipient also acknowledges and agrees that any benefit to vendors contracting with the Loan Recipient arising from, or associated with this contract is strictly incidental and all such vendors are not, and are not intended to be considered as third party beneficiaries under any agreement between the Department and the Loan Recipient.
Upon execution of any contract between the loan recipient and its vendors in regard to a WPCRLF funded project, the Department does not assume any authorities, duties, responsibilities, or liabilities under such a contract.
The Department does not have any authority, duty, responsibility, or liability in contract claims or dispute identification, negotiation, resolution, or any other actions regarding contract claims or disputes under the contract(s) between the loan recipient and its vendors.
No actions taken by the Department, either directly or indirectly, in regard to the WPCRLF loan funded project constitute or establish any determinations, authority, duty, responsibility, or liability under the contract(s) between the loan recipient and any other party. The Loan Recipient agrees and warrants that it shall include language, approved by the Department, in its contracts with its vendors requiring the Loan Recipient and its vendors to acknowledge and agree that the Department is not a party, in any way whatsoever, to the contract between the Loan Recipient and its vendors. Such language shall require the Loan Recipient and vendors to acknowledge and agree that the role of the Department is strictly that of a lender, that the vendors are not, and are not intended to be, considered a third party beneficiary under any agreement between the Department and the Loan Recipient. Additionally, such language shall also require the Loan Recipient and its vendors to acknowledge and agree that any action taken by the Department in its role as administrator for the revolving loan programs, or in its separate and distinct role as regulator shall not in any way change or alter its position as that of lender.
The loan recipient and its vendors must resolve all claims and disputes by negotiation, arbitration, litigation, or other means as provided in the contract documents and state law, prior to submission of any related change order or contract amendment to the Department for review and approval, in order to obtain a WPCRLF loan allowability determination.
