Common use of Dispute Avoidance and Resolution Clause in Contracts

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 Section 10.1.1 and 10.

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 ofof 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 DP knew or should have known of the matter. 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 Section 10.1.1 and 10.

Dispute Avoidance and Resolution. 10.1.1 11.2.1 The parties are fully committed to interacting and working with each other through the course of throughout the Project, and agree to communicate regularly with each other at all times, including attending weekly on-site design and construction status meetingsmeetings and, if partnering is elected by the Owner under Section 2.1.4, using the partnering procedures established by Owner, DP and XXXX, so as to avoid, eliminate, avoid or minimize any disputesdisputes or disagreements. XXXX’x Representative along with the DP and XXXX’x Construction Superintendent shall attend weekly status meetings with the Owner’s Representative. The XXXX shall take minutes outlining the issues discussed, disagreementsaction responsibility, claims, or controversies relating to the Project, due dates and resolution and distribute them within three (hereinafter “Disputes”)3) days of each meeting. To the extent Disputes disputes or disagreements arise during the course of the Project that are not otherwise resolved by applicable portions of this AgreementProject, both DP XXXX and Owner agree commit to timely resolving such Disputes disputes in an amicable, professional, and expeditious manner at the lowest possible level so as to avoid unnecessary costslosses, delays, delays and disruptions to the Work. To this endIn the first instance, XXXX and Owner will attempt to resolve disputes and disagreements at the DP’s field level through discussions between XXXX’x Representative shall refer the Dispute to the and Owner’s Representative by written notice ofRepresentative. 10.1.2 In 11.2.2 If the event a Dispute dispute or disagreement cannot be resolved through DP’s XXXX’x Representative and Owner’s Representative in accordance with Section 10.1.1Representative, the DP’s XXXX’x Senior Representative Representative(s) and Owner’s Senior Representative Representative(s) shall meet within 48 hours of such field level failure to attempt to resolve the Disputedispute or disagreement. The parties agree that prior to any meetings between the Senior Representatives, ; they will timely exchange with each other all any 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 Disputedispute or disagreement. If the Senior Representatives, Representatives after meeting in good faith, faith determine that the Dispute dispute or disagreement 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 dispute or disagreement to the Parties’ ability partnering procedures established under Section 2.1.4, if Owner has elected partnering for this Project. If there are no partnering procedures or if the partnering procedure fails to perform their obligations under this Agreement. Failure produce a mutually-satisfactory resolution, the parties agree to properly utilize submit the procedures dispute or disagreement to the “Claims or Controversies” process as defined in Section 10.1.1 and 10.1.2 exposes the nonArizona Administrative code R7-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 102-1155-1159 et al.

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 ofof 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 DP knew or should have known of the matter. 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 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 Section 10.1.1 and 10.

Dispute Avoidance and Resolution. 10.1.1 11.2.1 The parties are fully committed to interacting and working with each other through the course of throughout the Project, and agree to communicate regularly with each other at all times, including attending weekly on-site design and construction status meetingsmeetings and, if partnering is elected by the Owner under Section 2.1.4, using the partnering procedures established by Owner, DP and CMAR, so as to avoid, eliminate, avoid or minimize any disputesdisputes or disagreements. XXXX’x Representative along with the DP and XXXX’x Construction Superintendent shall attend weekly status meetings with the Owner’s Representative. The CMAR shall take minutes outlining the issues discussed, disagreementsaction responsibility, claims, or controversies relating to the Project, due dates and resolution and distribute them within three (hereinafter “Disputes”)3) days of each meeting. To the extent Disputes disputes or disagreements arise during the course of the Project that are not otherwise resolved by applicable portions of this AgreementProject, both DP CMAR and Owner agree commit to timely resolving such Disputes disputes in an amicable, professional, and expeditious manner at the lowest possible level so as to avoid unnecessary costslosses, delays, delays and disruptions to the Work. To this endIn the first instance, CMAR and Owner will attempt to resolve disputes and disagreements at the DP’s field level through discussions between XXXX’x Representative shall refer the Dispute to the and Owner’s Representative by written notice ofRepresentative. 10.1.2 In 11.2.2 If the event a Dispute dispute or disagreement cannot be resolved through DP’s XXXX’x Representative and Owner’s Representative in accordance with Section 10.1.1Representative, the DP’s XXXX’x Senior Representative Representative(s) and Owner’s Senior Representative Representative(s) shall meet within 48 hours of such field level failure to attempt to resolve the Disputedispute or disagreement. The parties agree that prior to any meetings between the Senior Representatives, ; they will timely exchange with each other all any 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 Disputedispute or disagreement. If the Senior Representatives, Representatives after meeting in good faith, faith determine that the Dispute dispute or disagreement 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 dispute or disagreement to the Parties’ ability partnering procedures established under Section 2.1.4, if Owner has elected partnering for this Project. If there are no partnering procedures or if the partnering procedure fails to perform their obligations under this Agreement. Failure produce a mutually-satisfactory resolution, the parties agree to properly utilize submit the procedures dispute or disagreement to the “Claims or Controversies” process as defined in Section 10.1.1 and 10.1.2 exposes the nonArizona Administrative code R7-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 102-1155-1159 et al.