Common use of Disputes under the Prime Contract Clause in Contracts

Disputes under the Prime Contract. If any Dispute between Subcontractor and Contractor arising out of or relating to this Subcontract (“Subcontract Dispute”) pertains in any way to a claim, dispute, or matter in question between Contractor and Owner arising out of or relating to the Prime Contract (“Related Prime Contract Dispute”), then this Subcontract Dispute will be decided using the same procedures, forum, and process utilized for the Related Prime Contract Dispute, and the laws governing the resolution of Prime Contract disputes, regardless of whether Subcontractor formally joins the process as a litigant or named party. Any and all claims of the Subcontractor related to a Related Prime Contract Dispute shall be handled in this manner. Subcontractor agrees to: (i) cooperate with Contractor, (ii) assist in the discovery and other preparations for the hearing, (iii) make its employees available for testimony before and after the hearing, (iv) share proportionately the legal fees and costs associated with the preparation for and execution of the hearing to the extent mutually agreed upon related to the amount of damage being pursued by the Contractor on Subcontractor’s behalf, and (v) stay any action filed by the Subcontractor against Contractor as long as the Subcontractor’s position is being diligently pursued by the Contractor in the hearing where the Related Prime Contract Dispute is being heard, and until all such appeals pertaining to the Related Prime Contract Dispute are exhausted. Subcontractor will be bound by the results of the dispute resolution procedure controlling the Related Prime Contract Dispute as it relates to Subcontractor, and such results shall be final. Nothing in this Subcontract shall allow Subcontractor to be a named party in a dispute forum being utilized by Contractor and Owner where that Subcontractor has no legal standing to litigate its disputes before that forum.