If you want to obtain benefits from the settlement, you need to submit a claim.
To submit a claim for reimbursement of prior ET Plus replacements, you must submit your claim on or before October 10, 2023. But these claims are paid on a rolling basis until the fund is exhausted, so submit your claims as soon as possible.
There is $3,500,000 allocated to reimburse Class Members for the costs they have incurred to previously remove and replace undamaged 4-inch ET Plus devices prior to February 18, 2022 from roads the Class Members own and maintain. Class Members will be able to submit claims for a one-year period following the Final Judgment. Claims will be paid, if approved and subject to the terms and conditions of the proposed settlement, on a quarterly basis until the expiration of the one-year period or until the funds are exhausted, whichever is earlier.
Follow the instructions on the Claim Form to submit a claim. On the Claim Form, you will provide the number of undamaged 4-inch ET Plus devices that you have replaced on roads you own and maintain, when, where, and the cost to do so. Valid claims must be supported by reasonable supporting documentation showing the number of undamaged 4-inch ET Plus devices replaced, when they were replaced, where they were replaced, and the costs of removal and replacement.
Reasonable supporting documents include any documents sufficient to show the removal and replacement of an undamaged 4-inch ET Plus device, and the date, location, and cost of removal and replacement. These documents include, but are not limited to, contracts, bid documents, invoices, payments, change orders, and other project documents. These documents can also be accompanied by an attestation from the Class Member explaining the documentation submitted with the Claim Form and the basis for the claim. Subject to the terms and conditions of the proposed settlement, the Settlement Administrator will approve any claim from a Class Member for the cost of removal and replacement that reasonably establishes that one or more undamaged 4-inch ET Plus devices were removed and replaced, on or before February 18, 2022, from roads owned and maintained by a Class Member and the location, date, and cost of each such removal and replacement. The costs eligible for reimbursement include costs reasonably related to the removal and replacement of an undamaged 4-inch ET Plus and charged by, and paid to, the contractor or entity removing and replacing the 4-inch ET Plus. These costs include, but are not limited to, locating the previously removed undamaged 4-inch ET Plus, the replacement end terminal, the removal and disposal of the 4-inch ET Plus, traffic control, as well as guardrail, transition sections, and grading for the replacement guardrail end terminal system and other costs that are reasonably related to the removal and replacement of an undamaged 4-inch ET Plus. The Claim Form explains what information must be provided with the Claim Form, what documents must be attached to the Claim Form, when the Claim Form must be submitted, and how you can submit the Claim Form.
In the event claims are submitted in excess of the $3,500,000 fund, the Settlement Agreement explains how claims will be prioritized and treated. You have been provided the Settlement Agreement.