Common use of Decision of Architect Clause in Contracts

Decision of Architect. Claims, including those alleging an error or omission by the Development Manager or Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4. A decision by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been completed. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (l) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien.

Decision of Architect. ClaimsClaims of the Contractor, including those alleging an error or omission by the Development Manager or Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4. A decision by the Architect, as provided in Subparagraph 4.4.4, 4.4.4 shall be required as a condition precedent to arbitration or litigation of a Claim between of the Contractor and against the Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been completed. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (l1) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limitslimits despite it having received sufficient evidence from Contractor, (3) the Architect has failed to take action required under Subparagraph 4.4.4 within 30 days after the Claim is made, or (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lienArchitect.

Decision of Architect. Claims, including those alleging an error or omission by the Development Manager or Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4. A decision by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been completed. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (l1) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under 'Subparagraph 4.4.4 within 30 days after the Claim is made, made or (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lienArchitect.

Decision of Architect. Claims, including those alleging an error or omission by the Development Manager or Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4. A decision by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been completed. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (l1) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4.4 within 30 days after the Claim is made, or (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lienArchitect.