Resolution of Claims and Disputes. A. The following shall occur as a condition precedent to Authority review of a claim unless waived in writing by Authority.
Resolution of Claims and Disputes. 4.4.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Architect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim.
4.4.2 If a Claim has been resolved, the Architect will obtain, prepare and issue appropriate documentation.
4.4.3 If a Claim has not been resolved, the party making the Claim shall, within ten (10) days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands.
4.4.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven (7) days, which decision shall be final and binding on the parties. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy.
Resolution of Claims and Disputes. 10.2.1 The following shall occur as a condition precedent to the Owner’s review of a claim unless waived in writing by the Owner:
Resolution of Claims and Disputes. If any dispute arises out of or in connection with this Agreement, the Parties shall submit the matter to be resolved in accordance with the procedures as described in the remainder of Clause 13 or as described in Clause 14 below. If IUK:
(a) reasonably determines or is notified by the IAA Shipper (and IUK agrees with the IAA Shipper) that any matter which is to be referred to and determined by an Expert is a matter where the outcome is of common interest to more than one of the IAA Shippers; and
(b) notifies all such IAA Shippers in writing to such effect before the matter has been referred to an Expert for determination; then that matter shall be treated as a matter which is to be referred and determined by the same Expert as part of one and the same expert determination procedure as set out in clause 13.3 below. Where (nevertheless) any matter is to be determined by an Expert or the Parties agree that any particular matter shall be so determined by an Expert, then the process described below shall apply:
(a) an Expert (who shall be a person qualified by education, experience and training and who shall have no conflict of interest) shall be appointed to determine the matter in dispute. He shall be appointed by IUK after obtaining the agreement to the appointee from at least fifty percent (50%) of the IAA Shippers who are party to the relevant dispute. If the Parties have failed to agree on an Expert within fifteen (15) days, then an Expert shall be appointed by the London Court of International Arbitration, London;
(b) the Parties shall promptly provide the Expert with all information (written or oral) and other evidence which is reasonably required for the determination;
(c) the Expert shall initially produce his decision in draft form and shall circularise his draft decision to the Parties, who shall have a period of twenty-eight (28) days in which to revert to the Expert with comments as to matters of fact (but not further or otherwise). As soon as possible after the expiry of such period of twenty-eight (28) days the Expert (taking account of such, if any, of the comments of the Parties as to matters of fact as he in his sole discretion may see fit) shall finalise and render his decision (which shall be in writing in the English language and shall contain the full reasons in support of the decision), and such decision (save for any manifest error or fraud) shall be final and binding on all the Parties. The Expert shall be deemed not to act as an arbi...
Resolution of Claims and Disputes a. Authority will review claims and may (1) request additional information from Supplier which will be immediately provided to Authority, or (2) render a decision on all or part of the claim. Authority will notify Supplier in writing of the disposition of the claim within 21 days following the receipt of such claim or receipt of the required additional information.
b. If Authority decides that the work relating to such claim should proceed regardless of Authority disposition of such claim, Authority will issue to Supplier a written directive to proceed. Supplier will proceed as instructed.
Resolution of Claims and Disputes. §4.4.1 [DELETED]
§4.4.2 Owner will review Claims and within thirty (30) days of the receipt of the claim take one or more of the following actions: (1) request additional supporting data from the claimant, (2) reject the Claim in whole or in part, (3) approve the Claim, or (4) suggest a compromise.
§4.4.3 In evaluating Claims, Owner may, but shall not be obligated to, consult with or seek information from either Contractor, Architect/Engineer, or from persons with special knowledge or expertise who may assist Owner in rendering a decision.
§4.4.4 If Owner requests Contractor to furnish additional supporting data, Contractor shall respond, within seven (7) days after receipt of such request, and shall either provide a response on the requested supporting data, advise Owner when the response or supporting data will be furnished, or advise Owner that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, Owner will either reject or approve the Claim in whole or in part.
§4.4.5 Owner will approve or reject Claims by written decision which shall state the reasons therefore and which shall notify the parties of any change in the Contract Sum or Contract Time or both. The approval or rejection of a Claim by Owner shall be subject to mediation and arbitration as provided herein.
§4.4.6 When a written decision of Owner states that (1) the decision is final but subject to mediation and arbitration, and (2) a demand for arbitration of a Claim covered by such decision must be made within thirty (30) days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said thirty (30) days shall result in Owner’s decision becoming final and binding upon Contractor.
§4.4.7 Upon receipt of a Claim against Contractor or at any time thereafter, Architect/Engineer or Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the claim. If the Claim relates to a possibility of Contractor’s default, Architect/Engineer or Owner may, but is not obligated to, notify the surety or request the surety’s assistance in resolving the controversy.
Resolution of Claims and Disputes. APPLICABILITY of ARTICLE
Resolution of Claims and Disputes. If a claim by either party against the other has not been resolved, the party making the claim shall, within ten (10) days after the other party's preliminary response, take one or more of the following actions: (i) submit additional supporting data, (ii) modify the initial claim or (iii) notify the other party that the initial claim stands.
Resolution of Claims and Disputes. A.4.2.1 [Intentionally omitted.]
Resolution of Claims and Disputes. In any action brought to enforce the terms of this Agreement, the Parties agree that the appropriate venue shall be the Third Judicial District Court in and for Salt Lake County, Utah.
