Common use of CHANGE ORDERS AND CONSTRUCTION CHANGE DIRECTIVES Clause in Contracts

CHANGE ORDERS AND CONSTRUCTION CHANGE DIRECTIVES. Design Services in connection with a Change Order or Construction Change Directive will be determined to be the result of the ARCHITECT/ENGINEER'S negligent acts, professional errors or omissions if the OWNER and the ARCHITECT/ENGINEER mutually consent to such a determination. Should the OWNER and the ARCHITECT/ENGINEER fail to reach such an agreement after good faith negotiation, the OWNER and the ARCHITECT/ENGINEER will choose a third party mutually agreeable to each to provide non-binding mediation services with respect to any individual or group of Change Orders or Construction Change Directives. If the OWNER and the ARCHITECT/ENGINEER are unable to agree upon a mediator, each will choose an independent party and those independent parties will choose a mediator. The OWNER and the ARCHITECT/ENGINEER will participate in the mediation process in a good faith attempt to reach a mutually acceptable solution. The mediator will direct the mediation process including selection of a forum, informal discovery, and any other procedures that may suit the situation. The mediator will provide the parties with a written determination of the decision. The costs of mediation services will be shared equally between the OWNER and the ARCHITECT/ENGINEER, unless the mediator finds that a party's position was not substantially justified or the party engaged in conduct which xxxxxx and unreasonably protracted the final resolution of the matter in controversy, in which case such party may bear a higher portion or all of the costs. Other than as set out herein, this paragraph will not act as a waiver of any rights or remedies the parties may have, either by contract or by operation of law.

CHANGE ORDERS AND CONSTRUCTION CHANGE DIRECTIVES. Design Services in connection with a Change Order or Construction Change Directive will be determined to be the result of the ARCHITECT/ENGINEER'S negligent acts, professional errors or omissions if the OWNER and the ARCHITECT/ENGINEER mutually consent to such a determination. Should the OWNER and the ARCHITECT/ENGINEER fail to reach such an agreement after good faith negotiation, the OWNER and the ARCHITECT/ENGINEER will choose a third party mutually agreeable to each to provide non-binding mediation services with respect to any individual or group of Change Orders or Construction Change Directives. If the OWNER and the ARCHITECT/ENGINEER are unable to agree upon a mediator, each will choose an independent party and those independent parties will choose a mediator. The OWNER and the ARCHITECT/ENGINEER will participate in the mediation process in a good faith attempt to reach a mutually acceptable solution. The mediator will direct the mediation process including selection of a forum, informal discovery, and any other procedures that may suit the situation. The mediator will provide the parties with a written determination of the decision. The costs of mediation services will be shared equally between the OWNER and the ARCHITECT/ENGINEER, unless the mediator finds that a party's position was not substantially justified or the party engaged in conduct which xxxxxx unduly and unreasonably protracted the final resolution of the matter in controversy, in which case such party may bear a higher portion or all of the costs. Other than as set out herein, this paragraph will not act as a waiver of any rights or remedies the parties may have, either by contract or by operation of law.