Title 5 — Government Operations

This Chapter shall be known as the Government Claims Act. SOURCE: GC § 6500.00. Repealed and reenacted by P.L. 17-029:1 (Nov. 9, 1983). Codified as 5 GCA § 6101. COMMENT: The name of this Chapter is unchanged since the fundamental purpose of this Act is to continue the policies o…

This Chapter applies, except as provided in Section 6104 of the Chapter, to the entire government of Guam, as specifically stated herein. No government agency, whether denominated as a line department, an agency or a public corporation, is excluded from the scope of this Chapter.…

As used in this Chapter, the following words and phrases shall have the meaning stated herein, unless such meaning is clearly inapplicable in the context: (a) Government of Guam shall include all agencies, departments, instrumentalities, public corporations, and all other entitie…

This Chapter shall not apply to any claim pertaining to any tax refund, the Workers Compensation Law, or the Government of Guam Retirement Fund. SOURCE: GC § 6500.02. Added by P.L. 17-029:1 (Nov. 9, 1983) as § 6500.03. Codified as 5 GCA § 6104. COMMENT: Prior law is continued her…

Pursuant to Section 3 of the Organic Act of Guam, the Government of Guam hereby waives immunity from suit, but only as hereinafter provided: (a) for all expenses incurred in reliance upon a contract to which the Government of Guam is a party, but if the contract has been substant…

(a) All claims under this Act must be filed within 18 months from the date the claim arose, but any claims timely filed under the predecessor of this Act shall be considered to have been timely filed under this Chapter. (b) Every action filed under this Chapter shall be barred un…

This Chapter shall be deemed a continuation of the former law so far as sections of the former law are continued unamended. No claim which accrued under the former law shall be increased, lessened, or extinguished by any provision of this law, but if the claim has not been filed …

This Chapter shall apply to all pending litigation in the courts of Guam, or which are on appeal, which were commenced without first filing an administrative claim as would be required by this Chapter had it applied at the time the suit was filed. If such pending litigation was t…

All claims shall be filed in duplicate with the Claims Officers responsible for the department or agency against which the claim is made. Each claim shall contain the following information: (a) The complete name and address of the claimant. If the claimant should change his addre…

All claims filed pursuant to this Chapter shall be signed by the claimant, his agent or his legal guardian, and verified by him, or may be signed as being under the penalties prescribed for perjury. SOURCE: GC § 6500.04. Added by P.L. 17-029:1 (Nov. 9, 1983) as § 6500.11. Codifie…

The Claims Officer shall cause each claim received by him to be investigated to determine its merits. SOURCE: GC § 6500.06. Added by P.L. 17-029:1 (Nov. 9, 1983) as § 6500.12. Codified as 5 GCA § 6203. COMMENT: The modification is to refer to “Claims Officers.” Thus, the Attorney…

In making his investigation, the Claims Officer, or person designated by him within the agency, shall have the authority to administer oaths to claimants and witnesses, and to require the production of any books, records or documents that may be material or relative as evidence i…

The Claims Officer, or a person designated by him, may, at his discretion, conduct a formal hearing in connection with the investigation of any claim. SOURCE: GC § 6500.09. Added by P.L. 17-029:1 (Nov. 9, 1983) as § 6500.14. Codified as 5 GCA § 6205.

(a) The Attorney General, subject to the approval of I Maga’lahen Guåhan for settlements of over Fifteen Thousand Dollars ($15,000.00) for a claim for damages to a motor vehicle incurred in an accident involving the motor vehicle of the claimant filed exclusively pursuant to § 61…

All claimants and witnesses concerning any claim under this Chapter are subject to the penalties and provisions of Chapter 52 of Title 9 Guam Code Annotated with respect to false swearing and perjury. SOURCE: GC § 6500.08. Added by P.L. 17-029:1 (Nov. 9, 1983) as § 6500.16. Codif…

A claimant may institute an action in contract or tort, for money damages only, against the government of Guam in the event the claim is made against a line agency, or against the specific agency involved in the event the claim is made against an autonomous agency, in the Superio…

When a government Claims Officer rejects a claim pursuant to § 6208(a), the notice of rejection shall set forth the grounds therefore, including the findings of fact, the legal basis relied on for such denial, and any investigative reports reviewed by the Claims Officer or initia…

For the purposes of this Chapter, the Attorney General is hereby authorized to contract with a licensed insurance claims adjuster, or with various insurance claims adjusters on a rotating basis to assist in assessing the value of claims filed pursuant to this Chapter. SOURCE: Add…

All actions brought under this Chapter shall be governed by the law and rules of procedure of the Superior Court of Guam. Service of process shall be made upon the Claims Officer and upon the Attorney General. Trial shall be without a jury. SOURCE: GC § 6500.14 and § 6500.15. Add…

(a) Subject to the approval of the court in which the case is pending, the Attorney General is authorized to settle a suit at any time before final judgment; provided, that if government funds are to be paid in excess of the balance in the Government Claims Fund, an appropriation…

Judgments shall be subject to review on appeal in the same manner and to the same extent as other judgments of the Superior Court of Guam. SOURCE: GC § 6500.18. Added by P.L. 17-029:1 (Nov. 9, 1983) as § 6500.20. Codified as 5 GCA § 6211.

(a) The filing of a suit under this Chapter against the government of Guam or against any specific entity thereof shall suspend any proceedings against individual employees alleged to be liable in the same action until such time as the suit against the government of Guam or again…

No action shall be instituted, nor judgment granted, for a sum in excess of the amount of the claim presented to the Claims Officer, unless the increased amount of the claim is shown to be based upon new evidence not reasonably discoverable at the time the claim was filed with th…

amended by P.L. 29-076:3 (May 9, 2008). Subsection (b) amended by P.L. 35-111:2 (Dec. 1, 2020). 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606, numbers and/or letters in subsections (d) (3) and (4) were altered to adhere to the Compiler’s alpha-numeric scheme. COMME…

Each autonomous and line agency shall be liable for its own contract obligations. Payments pursuant to this Section shall be paid from the funds certified for payment of the contract pursuant to the budget of the agency or appropriation against which the contract claim is made. S…

(a) The government of Guam may use any funds authorized for general operations to purchase liability insurance to cover the liabilities incurred by it under this Chapter or under any other law of Guam or of the United States. Such insurance may cover the government as a whole, or…

The government of Guam and each of the autonomous agencies is authorized to purchase insurance, if advisable and available, to cover the liability of government employees which they may incur pursuant to § 6212 of this Chapter, unless such liability is incurred for acts or omissi…

(a) Creation. The Government Claims Fund is hereby created and established as an account which shall be separately identified and maintained by the Department of Administration. It shall consist of such funds as have been appropriated by I Liheslatura, for the purpose of paying t…

(a) The Director of Administration shall pay from the Government Claims Fund for tort claims made against any line agency of the government, or the government of Guam in general, in order of the date of approved settlement or final judgment. In the event funds are insufficient to…

Each autonomous agency shall pay the amount claimed under this Chapter in order of the date of approved settlement or final judgment from its own operating funds not specifically restricted by any other Guam or United States law or from applicable insurance proceeds. SOURCE: Adde…

(a) The annual budget recommendations for governmental operations transmitted from the Governor to the Legislature, or the annual budget of each autonomous agency, shall include an amount for each agency, line or autonomous, as the case may be, for payment of claims made pursuant…