Common use of Dispute Avoidance and Resolution Clause in Contracts

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 and exclusive remedy to resolve a Dispute. The Parties further understand and agree that providing notice of the Dispute to the other party in accordance with Sections 11.1.1 and 11.1.2 is integral and essential to the Parties’ ability to perform their obligations under this Agreement. Failure to properly utilize the procedures in Section 11.1.1 and 11.

Dispute Avoidance and Resolution. 11.1.1 The Parties 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 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 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 CM@Risk CM@Risk’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 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 In the Representatives are unable to resolve event a dispute pursuant to Dispute cannot be resolved through CM@Risk’s Representative and Owner’s Representative in accordance with 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 field level failure to attempt to resolve the Dispute. The Parties 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 Partiesparties, the Parties 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 parties understand and agree that the processes process set forth in Section 11.1, 11.2, and in ABOR Policy Section 3-809, provide the sole and exclusive remedy to resolve a Dispute. The Parties parties further understand and agree that providing notice of asserting the Dispute to the other party in accordance with Sections Section 11.1.1 and 11.1.2 is integral and essential to the Partiesparties’ ability to perform their obligations under this Agreement. Failure to properly utilize the procedures in Section 11.1.1 and 11.

Dispute Avoidance and Resolution. 11.1.1 12.1.1 The Parties 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 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 Contractor and Owner agree to timely resolve 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 CM@Risk Contractor’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 Dispute, or not more than seven (7) calendar days from the date that the CM@Risk Contractor knew or should have known of the matter, provided however, a request for adjustment based on time or delay must proceed under Section 910, and a request for adjustment to Contract Price or Contract Time must proceed under Section 1011. 11.1.2 If 12.1.2 In the Representatives are unable to resolve event a dispute pursuant to Section 11.1.1, the Representatives will promptly provide notice to the CM@RiskDispute cannot be resolved through Contractor’s Representative and Owner’s Senior Representatives of such failure. The CM@RiskRepresentative in accordance with Section 12.1.1, the Contractor’s Senior Representative and Owner’s Senior Representative shall meet within 48 forty-eight (48) hours of such notice and shall field level failure to attempt to resolve the Dispute. The Parties 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 Partiesparties, the Parties parties agree that the sole remedy for CM@R Contractor 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 3-3- 809. 11.1.3 12.1.3 The Parties parties understand and agree that the processes process set forth in Section 11.112.1, 11.212.2, and in ABOR Policy Section 3-809, provide the sole and exclusive remedy to resolve a Dispute. The Parties parties further understand and agree that providing notice of asserting the Dispute to the other party in accordance with Sections 11.1.1 Section 12.1.1 and 11.1.2 is integral and essential to the Parties’ ability to perform their obligations under this Agreement. Failure to properly utilize the procedures in Section 11.1.1 and 1112.

Dispute Avoidance and Resolution. 11.1.1 12.1.1 The Parties 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 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 DP and Owner agree to timely resolve 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 CM@Risk 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 Dispute, or not more than seven (7) calendar days from the date that the CM@Risk DP 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 12.1.2 In the Representatives are unable to resolve event a dispute pursuant to Section 11.1.1, the Representatives will promptly provide notice to the CM@RiskDispute cannot be resolved through DP’s Representative and Owner’s Senior Representatives of such failure. The CM@RiskRepresentative in accordance with Section 12.1.1, the DP’s Senior Representative and Owner’s Senior Representative shall meet within 48 hours of such notice and shall field level failure to attempt to resolve the Dispute. The Parties 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 Partiesparties, the Parties parties agree that the sole remedy for CM@R 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. 11.1.3 12.1.3 The Parties parties understand and agree that the processes process set forth in Section 11.112.1, 11.212.2, and in ABOR Policy Section 3-809, provide the sole and exclusive remedy to resolve a Dispute. The Parties further understand and agree that providing notice of asserting the Dispute to the other party in accordance with Sections 11.1.1 and 11.1.2 is integral and essential to the Parties’ ability to perform their obligations under this Agreement. Failure to properly utilize the procedures in Section 11.1.1 and 11.Section

Dispute Avoidance and Resolution. 11.1.1 12.1.1 The Parties 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 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 DP Agreement, both CM@Risk DP and Owner agree will attempt 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 DP’s Representative shall refer the Dispute to the Owner’s Design Phase Representative or Construction Phase 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 DP 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 12.1.2 In the Representatives are unable to resolve event a dispute pursuant to Section 11.1.1, the Representatives will promptly provide notice to the CM@RiskDispute cannot be resolved through DP’s Representative and Owner’s Senior Representatives of such failure. The CM@RiskRepresentative in accordance with Section 12.1.1, the DP’s Senior Representative and Owner’s Senior Representative shall meet within 48 hours of such notice and shall field level failure to attempt to resolve the Dispute. The Parties 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 Partiesparties, the Parties parties agree that the sole remedy for CM@R 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. 11.1.3 12.1.3 The Parties parties understand and agree that the processes process set forth in Section 11.112.1, 11.212.2, and in ABOR Policy Section 3-809, provide the sole and exclusive remedy to resolve a Dispute. The Parties further understand and agree that providing notice of asserting the Dispute to the other party in accordance with Sections 11.1.1 Section 12.1.1 and 11.1.2 is integral and essential to the Parties’ ability to perform their obligations under this Agreement. Failure to properly utilize the procedures in Section 11.1.1 and 1112.

Dispute Avoidance and Resolution. 11.1.1 12.1.1 The Parties 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 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 DP Agreement, both CM@Risk DP and Owner agree will attempt 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 DP’s Representative shall refer the Dispute to the Owner’s Design Phase Representative or Construction Phase 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 DP 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 12.1.2 In the Representatives are unable to resolve event a dispute pursuant to Section 11.1.1, the Representatives will promptly provide notice to the CM@RiskDispute cannot be resolved through DP’s Representative and Owner’s Senior Representatives of such failure. The CM@RiskRepresentative in accordance with Section 12.1.1, the DP’s Senior Representative and Owner’s Senior Representative shall meet within 48 hours of such notice and shall field level failure to attempt to resolve the Dispute. The Parties 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 Partiesparties, the Parties parties agree that the sole remedy for CM@R 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.is 11.1.3 12.1.3 The Parties parties understand and agree that the processes process set forth in Section 11.112.1, 11.212.2, and in ABOR Policy Section 3-809, provide the sole and exclusive remedy to resolve a Dispute. The Parties further understand and agree that providing notice of asserting the Dispute to the other party in accordance with Sections 11.1.1 Section 12.1.1 and 11.1.2 is integral and essential to the Parties’ ability to perform their obligations under this Agreement. Failure to properly utilize the procedures in Section 11.1.1 and 1112.

Dispute Avoidance and Resolution. 11.1.1 10.1.1 The Parties 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 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 DP and Owner agree to timely resolve 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 CM@Risk 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 Dispute, or not more than seven (7) calendar days from the date that the CM@Risk DP 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 10.1.2 In the Representatives are unable to resolve event a dispute pursuant to Section 11.1.1, the Representatives will promptly provide notice to the CM@RiskDispute cannot be resolved through DP’s Representative and Owner’s Senior Representatives of such failure. The CM@RiskRepresentative in accordance with Section 10.1.1, the DP’s Senior Representative and Owner’s Senior Representative shall meet within 48 hours of such notice and shall field level failure to attempt to resolve the Dispute. The Parties 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 Partiesparties, the Parties parties agree that the sole remedy for CM@R 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. 11.1.3 10.1.3 The Parties parties understand and agree that the processes process set forth in Section 11.110.1, 11.210.2, and in ABOR Policy Section 3-809, provide the sole and exclusive remedy to resolve a Dispute. The Parties further understand and agree that providing notice of asserting the Dispute to the other party in accordance with Sections 11.1.1 Section 10.1.1 and 11.1.2 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 11.1.1 10.1.1 and 1110.1.2 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 Section 10.1.1 and 10.