Dispute Avoidance and Resolution. 10.1.1 The parties are fully committed to interacting and working with each other through the course of the Project, and agree to communicate regularly with each other at all times, including attending weekly on-site design and construction status meetings, so as to avoid, eliminate, or minimize any disputes, disagreements, claims, or controversies relating to the Project, (hereinafter “Disputes”). To the extent Disputes arise during the course of the Project that are not otherwise resolved by applicable portions of this Agreement, both DP and Owner agree to timely resolving such Disputes in an amicable, professional, and expeditious manner at the lowest possible level so as to avoid unnecessary costs, delays, and disruptions to the Work. To this end, the DP’s Representative shall refer the Dispute to the Owner’s Representative by written notice of same, not more than seven (7) calendar days from the occurrence of the event which gives rise to the
10.1.2 In the event a Dispute cannot be resolved through DP’s Representative and Owner’s Representative in accordance with Section 10.1.1, the DP’s Senior Representative and Owner’s Senior Representative shall meet within 48 hours of such field level failure to attempt to resolve the Dispute. The parties agree that prior to any meetings between the Senior Representatives, they will timely exchange with each other all relevant documents and information that will assist the Senior Representatives in resolving the Dispute. The Senior Representatives shall have seven (7) calendar days from the time they first met to resolve the Dispute. If the Senior Representatives, after meeting in good faith, determine that the Dispute cannot be resolved by them on terms satisfactory to both parties, the parties agree that the sole remedy for DP to pursue the Dispute is to submit the Dispute to Owner in accordance with the applicable provisions of the Arizona Board of Regents’ Policy Section 3-809.
10.1.3 The parties understand and agree that the process set forth in Section 10.1, 10.2, and in ABOR Policy Section 3-809, provide the sole and exclusive remedy to resolve a Dispute. The Parties further understand and agree that asserting the Dispute in accordance with Section 10.1.1 and 10.
Dispute Avoidance and Resolution. 11.1.1 The Parties are fully committed to interacting and working with each other through the course of the Project, and agree to communicate regularly with each other at all times, including attending weekly on-site design and construction status meetings, so as to avoid, eliminate, or minimize any disputes, disagreements, claims, or controversies relating to the Project (hereinafter “Disputes”). To the extent Disputes occur or arise during the course of the Project that are not otherwise resolved by applicable portions of this Agreement, both CM@Risk and Owner agree to timely resolve such Disputes in an amicable, professional, and expeditious manner at the lowest possible level so as to avoid unnecessary costs, delays, and disruptions to the Work. To this end, the CM@Risk Representative shall refer the Dispute to the Owner’s Representative by written notice of same, not more than seven (7) calendar days from the occurrence of the event which gives rise to the Dispute, or not more than seven (7) calendar days from the date that the CM@Risk knew or should have known of the matter, provided however, a request for adjustment based on time or delay must proceed under Section 9, and a request for adjustment to Contract Price or Contract Time must proceed under Section 10.
11.1.2 If the Representatives are unable to resolve a dispute pursuant to Section 11.1.1, the Representatives will promptly provide notice to the CM@Risk’s and Owner’s Senior Representatives of such failure. The CM@Risk’s Senior Representative and Owner’s Senior Representative shall meet within 48 hours of such notice and shall attempt to resolve the Dispute. The Parties agree that prior to any meetings between the Senior Representatives, they will timely exchange with each other all relevant documents and information that will assist the Senior Representatives in resolving the Dispute. The Senior Representatives shall have seven (7) calendar days from the time they first met to resolve the Dispute. If the Senior Representatives, after meeting in good faith, determine that the Dispute cannot be resolved by them on terms satisfactory to both Parties, the Parties agree that the sole remedy for CM@R to pursue the Dispute is to submit the Dispute to Owner in accordance with the applicable provisions of the Arizona Board of Regents’ Policy Section 3-809.
11.1.3 The Parties understand and agree that the processes set forth in Section 11.1, 11.2, and in ABOR Policy Section 3-809, provide the sole an...
Dispute Avoidance and Resolution. A3.1 This agreement, between the UK Government and the devolved administrations, outlines procedures for avoiding and resolving disputes between administrations consistent with the general principles set out in the Memorandum of Understanding. In particular it builds on (but does not replace) the terms of reference of the Joint Ministerial Committee, which include ‘to consider disputes between the administrations’, as set out in paragraph 23 of the MoU; paragraphs 24 and 25; paragraphs A1.5 and A1.7 of the Supplementary agreement on the JMC; and paragraphs
12.1 and 12.2 of the UK Government’s Statement of Funding Policy. A number of concordats include procedures on avoiding and resolving differences, and this agreement supplements but does not replace them. Like the MoU itself this agreement is a statement of intent, creating no legal obligations between the parties, and binding in honour only.
A3.2 In order to reduce to the minimum the potential for disputes to arise, the parties recommit themselves to the principles of good communication and cooperation set out in the Memorandum of Understanding.
A3.3 The parties undertake to follow these procedures in good faith and in a timely manner in order to resolve differences that occur in the operation of the current arrangements. (The procedures are not intended to deal with differences over possible change to the overall statutory framework governing devolution). When differences arise it is the obligation of all those involved to make determined efforts to resolve them, in accordance with the principles of the MoU, including those relating to confidentiality.
A3.4 There may be circumstances, particularly those arising from differences in political outlook, where the UK Government and one or more of the devolved administrations are unlikely to be able to agree. In these cases the parties to this agreement recognise that the JMC machinery is unlikely to offer any prospect of resolution. They also recognise, consistently with the principle that the JMC is not a decision- making body, that the basis on which the procedures will operate is the facilitation of agreement between the parties in dispute, not the imposition of any solution.
A3.5 There may at times be disputes between administrations on the interpretation of legal provisions relating to devolution. Without prejudice to the powers to place these before the courts, the administrations will generally seek first to resolve them in line with this protocol.
A...
Dispute Avoidance and Resolution. 10.2.1 The parties are fully committed to working with each other throughout the Project and agree to communicate regularly with each other at all times so as to avoid or minimize disputes or disagreements. If disputes or disagreements do arise, Design-Builder and Owner each commit to resolving such disputes or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary losses, delays and disruptions to the Work.
10.2.2 Design-Builder and Owner will first attempt to resolve disputes or disagreements at the field level through discussions between Design-Builder's Representative and Owner's Representative.
10.2.3 If a dispute or disagreement cannot be resolved through Design-Builder's Representative and Owner's Representative, Design-Builder's Senior Representative and Owner's Senior Representative, upon the request of either party, shall meet as soon as conveniently possible, but in no case later than thirty (30) days after such a request is made, to attempt to resolve such dispute or disagreement. Prior to any meetings between the Senior Representatives, the parties will exchange relevant information that will assist the parties in resolving their dispute or disagreement.
10.2.4 If after meeting the Senior Representatives determine that the dispute or disagreement cannot be resolved on terms satisfactory to both parties, the parties shall submit the dispute or disagreement to non-binding mediation. The mediation shall be conducted by a mutually agreeable impartial mediator, or if the parties cannot so agree, a mediator designated by the American Arbitration Association ("AAA") pursuant to its Construction Industry Mediation Rules. The mediation will be governed by and conducted pursuant to a mediation agreement negotiated by the parties or, if the parties cannot so agree, by procedures established by the mediator.
Dispute Avoidance and Resolution. 13.2.1 The parties are fully committed to working with each other throughout the Project and agree to communicate regularly with each other at all times so as to avoid or minimize disputes or disagreements. If disputes or disagreements do arise, Design-Build Subcontractor and Design-Builder each commit to resolving such disputes or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary losses, delays and disruptions to the Work.
Dispute Avoidance and Resolution. 10.2.1 The parties are fully committed to working with each other throughout the Project and agree to communicate regularly with each other at all times so as to avoid or minimize disputes and disagreements. If disputes or disagreements do arise, Design-Builder and Department each commit to resolving such disputes or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary losses, delays and disruptions to the Work.
10.2.2 Design-Builder and Department will first attempt to resolve all disputes or disagreements at the field level through best efforts and good faith negotiations between Design-Builder’s Representative and Department’s Representative. If the dispute or disagreement cannot be resolved through Design-Builder’s Representative and Department’s Representative, Design- Builder’s Senior Representative and Department’s Senior Representative, upon the request of either party, shall meet as soon as conveniently possible, but in no case later than forty-five (45) days after such a request is made, to attempt to resolve such dispute or disagreement. Prior to any meetings between the Senior Representatives, the parties will exchange relevant information that will assist the parties in resolving the dispute or disagreement. If the Senior Representatives determine that the dispute or disagreement cannot be resolved to the mutual satisfaction of both parties, despite their best efforts, then Design-Builder’s sole remedy shall be to pursue the processes set forth in VA. CODE §§33.1-386 and 33.1-387.
Dispute Avoidance and Resolution. 10.1.1 The parties are fully committed to interacting and working with each other through the course of the Project, and agree to communicate regularly with each other at all times, including attending weekly on-site design and construction status meetings, so as to avoid, eliminate, or minimize any disputes, disagreements, claims, or controversies relating to the Project, (hereinafter “Disputes”). To the extent Disputes arise during the course of the Project that are not otherwise resolved by applicable portions of this Agreement, both DP and Owner agree to timely resolving such Disputes in an amicable, professional, and expeditious manner at the lowest possible level so as to avoid unnecessary costs, delays, and disruptions to the Work. To this end, the DP’s Representative shall refer the Dispute to the Owner’s Representative by written notice of
10.1.2 In the event a Dispute cannot be resolved through DP’s Representative and Owner’s Representative in accordance with Section 10.1.1, the DP’s Senior Representative and Owner’s Senior Representative shall meet within 48 hours of such field level failure to attempt to resolve the Dispute. The parties agree that prior to any meetings between the Senior Representatives, they will timely exchange with each other all relevant documents and information that will assist the Senior Representatives in resolving the Dispute. The Senior Representatives shall have seven (7) calendar days from the time they first met to resolve the Dispute. If the Senior Representatives, after meeting in good faith, determine that the Dispute cannot be resolved by them on terms satisfactory to both parties, the parties agree that the sole remedy for DP to pursue the Dispute is to submit the Dispute to Owner in accordance with the applicable provisions of the Arizona Board of Regents’ Policy Section 3-809.
10.1.3 The parties understand and agree that the process set forth in Section 10.1, 10.2, and in ABOR Policy Section 3-809, provide the sole and exclusive remedy to resolve a Dispute. The Parties further understand and agree that asserting the Dispute in accordance with Section 10.1.1 and 10.1.2 is integral and essential to the Parties’ ability to perform their obligations under this Agreement. Failure to properly utilize the procedures in Section 10.1.1 and 10.1.2 exposes the non-utilizing party to damages which are difficult to accurately quantify and ascertain. The Parties agree that failure to properly utilize the procedures in Sec...
Dispute Avoidance and Resolution. 8.2.1. The parties hereby fully agree to communicate on a regular basis regarding the Project to avoid or minimize disputes. If a dispute arises, CM@Risk and City shall each commit to resolving said dispute in an amicable, professional, and expeditious manner to avoid delays and disruptions to the Work.
8.2.2. CM@Risk and City agree to first attempt to resolve disputes at the field level between CM@Risk’s Representative and RPR.
8.2.3. CM@Risk understands and agrees that if a dispute cannot be resolved through CM@Risk’s Representative and RPR, CM@Risk’s Senior Representative, RPR, Design Professional and City’s Senior Representative, shall upon the request of either party, meet promptly, but in no case later than thirty (30) days after said request is made to resolve said dispute. Prior to any meetings between the Senior Representatives, the parties shall exchange relevant information that will assist the parties in resolving the dispute.
8.2.4. If said meeting fails to resolve the dispute, the CM@Risk understands and agrees that the City may elect to conduct non-binding mediation in an effort to resolve the dispute.
Dispute Avoidance and Resolution. A. The parties are fully committed to working with each other throughout the Project and agree to communicate regularly with each other at all times so as to avoid or minimize disputes or disagreements. If disputes or disagreements do arise, CM/GC and CITY each commit to resolving such disputes or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary losses, delays and disruptions to the work.
B. CM/GC and CITY shall first attempt to resolve disputes or disagreements at the field level through discussions between CM/GC’s Representative and CITY’S Representative.
C. If a dispute or disagreement cannot be resolved through CM/GC’s Representative and CITY’s Representative, CM/GC’s Principal-in-charge and the Public Services Director, or his/her designee, upon the request of either party, shall meet as soon as conveniently possible, but in no case later than five (5) days after such a request is made, to attempt to resolve such dispute or disagreement. Prior to any meetings between the Principal-in Charge and the Public Services Director, or his/her designee, the parties will exchange relevant information that will assist the parties in resolving their dispute or disagreement.
D. In any unresolved dispute arising out of an interpretation of this Agreement or the duties required therein, the final determination at the administrative level will be made by the Contract Administrator.
Dispute Avoidance and Resolution. 10.2.1 The parties are fully committed to working with each other throughout the Project, and agree to communicate regularly with each other at all times, including weekly on-site design and construction status meetings, so as to avoid or minimize disputes or disagreements. Design- Builder’s Representative along with the Design Professional and Design-Builder’s Construction Superintendent shall attend weekly status meetings with the Owner’s Representative. Design- Build Representative shall take minutes outlining the issues discussed, action responsibility, due dates and resolution and distribute them within 48 hours of each meeting. To the extent disputes or disagreements arise during the Project, both Design-Builder and Owner commit to resolving such disputes in an amicable, professional and expeditious manner so as to avoid unnecessary losses, delays and disruptions to the Work. In the first instance, Design-Builder and Owner will attempt to resolve disputes and disagreements at the field level through discussions between Design-Builder’s Representative and Owner’s Representative.
10.2.2 In the event the dispute or disagreement cannot be resolved through Design-Builder’s Representative and Owner’s Representative, the Design-Builder’s Senior Representative and Owner’s Senior Representative shall meet within 48 hours to attempt to resolve the dispute or disagreement. The parties agree that prior to any meetings between the Senior Representatives, they will exchange with each other any relevant information that will assist the parties in resolving their dispute or disagreement. If the Senior Representatives after meeting in good faith determine that the dispute or disagreement cannot be resolved on terms satisfactory to both parties, the parties agree to submit the dispute or disagreement to the “Claims or Controversies” section of the University Procurement Code.
