Common use of FINAL RESOLUTION for STATE-FUNDED AGREEMENTS Clause in Contracts

FINAL RESOLUTION for STATE-FUNDED AGREEMENTS. (1) If the Agreement is funded in whole or in part with state funds, the final Resolution of Claims and Disputes which cannot be resolved by the Architect and Owner shall be by the Director, Alabama Division of Construction Management, whose decision shall be final, binding, and conclusive upon the Architect and the Owner. (2) When it becomes apparent to the party asserting a Claim (the Claimant) that an impasse to mutual resolution has been reached, the Claimant may request in writing to the Director that the Claim be resolved by decision of the Director. Such request by the Architect shall be submitted through the Owner. Should the Owner fail or refuse to submit the Architect's request within ten days of receipt of same, the Architect may forward such request directly to the Director. Upon receipt of a request to resolve a Claim, the Director will instruct the parties as to procedures to be initiated and followed. (3) If the respondent to a Claim fails or refuses to participate or cooperate in the Resolution procedures to the extent that the Claimant is compelled to initiate legal proceedings to induce the Respondent to participate or cooperate, the Claimant will be entitled to recover, and may amend its

FINAL RESOLUTION for STATE-FUNDED AGREEMENTS. (1) If the Agreement is funded in whole or in part with state funds, the final Resolution of Claims and Disputes which cannot be resolved by the Architect and Owner shall be by the DirectorDirector of the Technical Staff, Alabama Division of Construction ManagementBuilding Commission, whose decision shall be final, binding, and conclusive upon the Architect and the Owner. (2) When it becomes apparent to the party asserting a Claim (the Claimant) that an impasse to mutual resolution has been reached, the Claimant may request in writing to the Director that the Claim be resolved by decision of the Director. Such request by the Architect shall be submitted through the Owner. Should the Owner fail or refuse to submit the Architect's request within ten days of receipt of same, the Architect may forward such request directly to the Director. Upon receipt of a request to resolve a Claim, the Director will instruct the parties as to procedures to be initiated and followed. (3) If the respondent to a Claim fails or refuses to participate or cooperate in the Resolution procedures to the extent that the Claimant is compelled to initiate legal proceedings to induce the Respondent to participate or cooperate, the Claimant will be entitled to recover, and may amend itsits Claim to include, the expense of reasonable attorney’s fees so incurred.