DECISIONS ON DISPUTES. 11.1 The provisions of this Article shall govern the procedures to be followed in the event of a dispute.
DECISIONS ON DISPUTES. In the event of any dispute, claim, question or disagreement arising from or relating to this Contract or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation before resorting to litigation or the exercise by LES or Contractor of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such dispute, claim, question or disagreement.
DECISIONS ON DISPUTES. 8.5.1 PROJECT MANAGER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims as provided for within this Agreement in respect of changes to the Contract Price or Contract Time will be referred initially to PROJECT MANAGER in writing with a request for a formal decision in accordance with this paragraph, which PROJECT MANAGER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to PROJECT MANAGER and the other party to the Agreement promptly (but in no event later than thirty days after the occurrence of the event giving rise thereto) and written supporting data will be submitted to PROJECT MANAGER and the other party within sixty days after such occurrence unless PROJECT MANAGER allows an additional period of time to ascertain more accurate data in support of the claim. DRAFT
DECISIONS ON DISPUTES. 9.9.1. The CITY PROJECT MANAGER with the input of the CONSULTANT shall be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the WORK thereunder. Claims, disputes and other matters relating to the acceptability of the WORK or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the WORK and claims under Articles 11 (Change in Contract Price) and Article 12 (Change in Contract Time) in respect of changes in the Contract Price or Contract Time shall be referred initially to CONSULTANT in writing with a request for a formal decision in accordance with this paragraph, which CONSULTANT with the consent of the City Project Director shall render in writing within a reasonable time. Written notice of each such claim, dispute and other matter shall be delivered by the claimant to The CITY PROJECT MANAGER and CONSULTANT and the other party to the Contract promptly (but in no event later than ten (10) days) after the start of the occurrence or event giving rise thereto, and written supporting data shall be submitted to The CITY PROJECT MANAGER and CONSULTANT within ten (10) days after such occurrence unless CONSULTANT with the consent of the City Project Director allows an additional period of time to ascertain more accurate data in support of such claim, dispute or other matter.
DECISIONS ON DISPUTES. The Project Coordinator will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work provided there under. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to furnishing of the Work in respect of changes in the Contract Price or Contract Time will be referred initially to the Contract Administrator in writing with a request for a formal decision, which the Contract Administrator will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to the other party to the Contract promptly (but in no event later than 30 days) after the occurrence of the event giving rise thereto, and Written supporting data shall be submitted to the other party within 60 days after such occurrence unless DEC allows an additional period of time to ascertain more accurate data in support of the claim. When functioning as interpreter, the Contract Administrator will not show partiality to DEC or Contractor. The rendering of a decision by the Contract Administrator with respect to any such claim, dispute or other matter will be a condition precedent to any exercise by DEC or Contractor of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter.
DECISIONS ON DISPUTES. 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of acceptability of the WORK thereunder. Claims, disputes and other matters relating to the acceptability of the WORK or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the WORK and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraphs, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the occurrence of the event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim.
DECISIONS ON DISPUTES. 9.8. The Architect/Engineer will be the interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder provided that such determinations are in accord with the Contract Documents. Claims, disputes and other matters relating to the acceptability of the Work, or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work, and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Time, will be referred initially to Owner's Representative, in writing, with a request for a formal decision in accordance with this paragraph, which Architect/Engineer shall render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be submitted in accordance with Article 11.2.
DECISIONS ON DISPUTES. 8.2.5 Project Manager will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles 10 and 11 in respect of changes in the Contract Price or Contract Times will be referred initially to Project Manager in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to Project Manager and the other party to the Agreement promptly (but in no event later than fifteen days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to Project Manager and the other party within thirty days after the start of such occurrence or event unless Project Manager allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute of other matter. The opposing party shall submit any response to Project Manager and the claimant within thirty days after receipt of the claimant's last submittal (unless Project Manager allows additional time). Project Manager will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. Project Manager's written decision on such claim, dispute or other matter will be final and binding upon the Town and Contractor.
