Final Dispute Resolution Clause Samples
The FINAL DISPUTE RESOLUTION clause establishes the definitive process for resolving any disagreements that arise under the contract. Typically, this clause outlines the specific method—such as arbitration, litigation, or mediation—that parties must use after all other dispute resolution steps have been exhausted. By clearly designating a final mechanism for settling disputes, the clause ensures that conflicts are ultimately resolved in a structured and predictable manner, thereby reducing uncertainty and potential delays.
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Final Dispute Resolution. The Subcontractor agrees that all claims, disputes and other matters in question between the Subcontractor and the Contractor arising out of or related to the Subcontract or the breach thereof, except as specifically governed by Paragraph 11.2 above, and except for claims which have been waived by the making and acceptance of final payment, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association (the “AAA”) then obtaining, at the sole option of the Contractor. However, should the Subcontractor desire to file a demand for arbitration, it must first provide thirty (30) days advance written notice to the Contractor of its intention to do so, as a further condition precedent to arbitration. Thereafter, the Contractor shall have thirty (30) days to notify Subcontractor that it will accept or reject arbitration of the dispute. If the Contractor notifies Subcontractor that it accepts arbitration of the dispute, the Subcontractor may then, and only then, file its demand for arbitration with the AAA and the arbitration shall occur in the county within Florida where the Project is located. If the Contractor fails to respond within thirty (30) days, or responds and rejects arbitration, then the dispute may be submitted to any court of competent jurisdiction within the county within Florida where the Project is located. The filing of a demand for arbitration by the Contractor shall be deemed an election to arbitrate and shall constitute the exercise of the option of the Contractor to proceed with arbitration. The Contractor may join or consolidate arbitration or litigation with the Owner, Architect, any other Subcontractor, or any other party having an interest in any such arbitration or litigation proceeding. This agreement to arbitrate at the option of Contractor shall be specifically enforceable under applicable law in any court having jurisdiction within the county within Florida where the Project is located. The award rendered by the arbitrator(s) shall be final and judgment may be entered upon it in accordance with the applicable law in any court having jurisdiction thereof within the county within Florida where the Project is located.
Final Dispute Resolution. 17.1. VENUE OF FINAL DISPUTE RESOLUTION
17.1.3. Action
Final Dispute Resolution. If Recommendations are not accepted by a Party, the Dispute will be resolved by arbitration administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules or administered by the ICDR in accordance with its International Arbitration Rules if the dispute is determined to be international in scope.
Final Dispute Resolution. In the event of a dispute arising after final payment, or in the event an appeal has been preserved with respect to an IDM decision, a court having jurisdiction over Miami-Dade County shall hear such disputes. The parties hereby waive trial by jury, which requirement shall be included in each subcontract and sub-subcontract. Mediation prior to litigation is encouraged, but mediation is not a condition precedent to litigation. The prevailing party in any litigation shall recover reasonable attorney fees and taxable costs.
Final Dispute Resolution. 17.2.1 Any unresolved dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be brought in the federal or state court of jurisdiction in New Jersey.
Final Dispute Resolution. In the event of a dispute arising after Final Progress Payment or Final Completion, or a dispute which arose prior to Substantial Completion, has been preserved and which was not successfully resolved at mediation, a court of competent jurisdiction in Miami-Dade County shall hear such disputes. The parties hereby waive a trial by jury, which requirement shall be included in each and every Subcontract, sub-consulting agreement and purchase order that Design/Builder executes, in connection with its Work on the Project.
Final Dispute Resolution. In the event the Owner and Contractor fail to resolve a dispute through mediation as provided in Article 15, either party may file an action in the appropriate Court of the 18th Judicial Circuit In and For Brevard County, Florida, to enforce this Agreement.