5 GCA § 6105
Waiver of Immunity
View official PDF ↗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 substantially completed, expectation damages may be awarded;
(b)for claims in tort, arising from the negligent acts of its employees acting for and at the direction of the government of Guam, even though occurring in an activity to which private persons do not engage. For the purposes of this chapter, any officer or enlisted person of the Guam National Guard on territorial duty or any nursing student acting for and at the direction of the University of Guam or of the Guam Community College shall be deemed an employee of the government.
(c)The Government of Guam shall not be liable for claims arising from an exercise of discretion in making policy. COL6/24/2021 CH. 6 GOVERNMENT CLAIMS ACT
§ The story of this section
- Amended by P.L. 14-50 (bill & sponsor pending — earlier Legislature not yet ingested)
- Amended by P.L. 16-18 (bill & sponsor pending — earlier Legislature not yet ingested)
- Enacted by P.L. 17-29 § 1 (bill & sponsor pending — earlier Legislature not yet ingested)
- Amended by P.L. 21-137 § 1 (bill & sponsor pending — earlier Legislature not yet ingested)
Interpreted by the courts:
- 2000 Guam 18 — Oliver D. Wood v. GPA (2000) · per Benjamin J.F. Cruz, J.
- 2000 Guam 19 — Pacific Rock Corporation v. Department of Education, a department of the Executive Branch of the Government of Guam, an (2000) · per Benjamin J.F. Cruz, J.
- 2001 Guam 21 — Pacific Rock Corporation v. Department of Education (2001) · per F. Philip Carbullido, J.
- 2001 Guam 23 — Sumitomo Construction Co., Ltd. v. Government of Guam (2001) · per F. Philip Carbullido, J.
- 2005 Guam 25 — Guam Federation of Teachers, Petitioner-Appellee, on behalf of Matthew J. Rector, Real Party in Interest-Appellee, vs. L (2005) · per F. Philip Carbullido, J.
- 2007 Guam 10 — William M. Limtiaco, Petitioner-Appellee, v. Guam Fire Department, Government of Guam, and Michael Uncangco, in his offi (2007) · per F. Philip Carbullido, J.
- 2014 Guam 7 — Guam YTK Corporation, Plaintiff-Appellant, v. Port Authority of Guam, Defendant-Appellee, CVA13-009 (2014) · per F. Philip Carbullido, J.
- 2015 Guam 23 — Odilia Bautista, Plaintiff-Appellee, and Joseph A. Guthrie, on behalf of themselves and all those similarly situated, Pl (2015) · per Robert J. Torres, J.
- 2019 Guam 12 — Guam YTK Corporation, Plaintiff-Appellee, v. Port Authority of Guam, Defendant-Appellant (2019) · per F. Philip Carbullido, J.
- 2019 Guam 27 — Dr. Michael Ehlert, Petitioner-Appellant, v. University of Guam, Thomas W. Krise, President University of Guam in his of (2019) · per F. Philip Carbullido, J.
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.