Guam § 5427 - Authority to Resolve Contract and Breach of Contract Controversies.
Full text of Guam Guam Code Annotated § 5427 — Authority to Resolve Contract and Breach of Contract Controversies., with citation guidance and answers to common questions.
§ 5427. Authority to Resolve Contract and Breach of Contract Controversies.
(a) Applicability. This Section applies to controversies between Guam and a contractor and which
arise under, or by virtue of, a contract between them. This includes without limitation controversies based
upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission.
(b) Authority. The Chief Procurement Officer, the Director of Public Works, the head of a purchasing
agency, or a designee of one of these officers is authorized, prior to commencement of an action in a court
concerning the controversy, to settle and resolve a controversy described in Subsection (a) of this Section.
This authority shall be exercised in accordance with regulations promulgated by the Policy Office.
(c) Decision. If such a controversy is not resolved by mutual agreement, the Chief Procurement
Officer, the Director of Public Works, the head of a purchasing agency, or the designee of one of these
officers shall promptly issue a decision in writing. The decision shall:
(1) state the reasons for the action taken; and
(2) inform the contractor of its rights to judicial or administrative review as provided in this
Chapter.
(d) Notice of Decision. A copy of the decision under Subsection (c) of this Section shall be mailed or
otherwise furnished immediately to the contractor.
(e) Finality of Decision. The decision reached pursuant to Subsection (c) of this Section shall be final
and conclusive, unless fraudulent, or the contractor appeals administratively to the Public Auditor in
accordance with § 5706 of this Chapter.
(f) Failure to Render Timely Decision. If the Chief Procurement Officer, the Director of Public Works,
the head of a purchasing agency, or the designee of one of these officers does not issue the written decision
required under Subsection (c) of this Section within sixty (60) days after written request for a final decision,
or within such longer period as may be agreed upon by the parties, then the contractor may proceed as if an
adverse decision had been received.
Source: official Guam text · Last verified 2026-08-27
Frequently Asked Questions About Guam § 5427
What does Guam Code Annotated § 5427 cover?
Section 5427 ("Authority to Resolve Contract and Breach of Contract Controversies.") is part of the Guam Code Annotated, the codified statutory law of Guam. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Guam § 5427?
A common citation format is "Guam Code Annotated § 5427" (Guam). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Guam law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Guam official source linked on this page or consult a licensed Guam attorney.
How does Guam § 5427 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Guam can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Guam.