Common use of Resolution of Claims and Disputes Clause in Contracts

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. §70 4.4.1 [DELETED]Decision of Architect. Claims, including those alleging an error or omission by the Architect, but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially to the Architect for decision. An initial decision by the Architect, shall be required as a condition precedent to filing a Claim pursuant to Paragraph 4.5 related to the Contract, mediation, arbitration or litigation of This Agreement is based closely upon the American Institute of Architects 1997 Edition of AIA Document A201, “General Conditions of the Contract for Construction”. AIA has not granted specific authorization for this use, nor has Maricopa Community Colleges requested such use. MCCCD pays an annual license fee for unlimited use of all AIA documents. Our use is intended to be an edited version of the AIA standard documents and not intended to override or avoid copyright or other use of their documents. all Claim between the Contractor and Owner arising prior to the date final payment is due unless 30 days have passed after the Claim has been referred to the Architect with no decision having been rendered by the Architect. The Architect will not decide disputes between the Contractor and persons or entities other than the Owner. §5 4.4.2 Owner The Architect will review Claims and within thirty (30) ten days of the receipt of the claim Claim take one or more of the following actions: (1) request additional supporting data from the claimantclaimant or a response with supporting data from the other party, (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 (5) advise the parties that the Architect is unable to furnish additional supporting data, Contractor shall respond, within seven (7) days after receipt of such request, and shall either provide a response on resolve the requested supporting data, advise Owner when Claim if the response or supporting data will be furnished, or advise Owner that no supporting data will be furnished. Upon receipt Architect lacks sufficient information to evaluate the merits of the response Claim or supporting dataif the Architect concludes that, 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 Architect’s sole discretion, it would be subject inappropriate for the Architect to mediation and arbitration as provided hereinresolve the Claim. §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. §§ 4.4.1 [DELETED]Decision of Architect. Claims, including those alleging an error or omission by the Architect but excluding those arising under Sections 10.3 through 10.5, shall be referred initially to the Architect for decision. An initial decision by the Architect shall be required as a condition precedent to mediation, arbitration or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Architect with no decision having been rendered by the Architect. The Architect will not decide disputes between the Contractor and persons or entities other than the Owner. §§ 4.4.2 Owner The Architect will review Claims and within thirty (30) ten days of the receipt of the claim Claim take one or more of the following actions: (1) request additional supporting data from the claimantclaimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, or (4) suggest a compromise, or (5) advise the parties that the Architect is unable to resolve the Claim if the Architect lacks sufficient information to evaluate the merits of the Claim or if the Architect concludes that, in the Architect's sole discretion, it would be inappropriate for the Architect to resolve the Claim. §§ 4.4.3 In evaluating Claims, Owner the Architect may, but shall not be obligated to, consult with or seek information from either Contractor, Architect/Engineer, party or from persons with special knowledge or expertise who may assist Owner the Architect in rendering a decision. The Architect may request the Owner to authorize retention of such persons at the Owner's expense. §§ 4.4.4 If Owner the Architect requests Contractor a party to provide a response to a Claim or to furnish additional supporting data, Contractor such party shall respond, within seven (7) ten days after receipt of such request, and shall either provide a response on the requested supporting data, advise Owner the Architect when the response or supporting data will be furnished, furnished or advise Owner the Architect that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, Owner the Architect will either reject or approve the Claim in whole or in part. §§ 4.4.5 Owner The Architect will approve or reject Claims by written decision decision, which shall state the reasons therefore therefor and which shall notify the parties of any change in the Contract Sum or applicable Contract Time or both. The approval or rejection of a Claim by Owner the Architect shall be final and binding on the parties but subject to mediation and arbitration as provided hereinarbitration. §§ 4.4.6 When a written decision of Owner the Architect states that (1) the decision is final but subject to mediation and arbitration, arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within thirty (30) 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 30 days' period shall result in Owner’s the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration proceedings unless the decision is acceptable to all parties concerned. §§ 4.4.7 Upon receipt of a Claim against the Contractor or at any time thereafter, Architect/Engineer the Architect or the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the claimClaim. If the Claim relates to a possibility of a Contractor’s 's default, Architect/Engineer the Architect or the Owner may, but is not obligated to, notify the surety or and request the surety’s 's assistance in resolving the controversy. § 4.4.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the Claim by the Architect, by mediation or by arbitration.

Resolution of Claims and Disputes. §4.4.1 [DELETED]Decision of Design Professional. Claims, including those alleging an error or omission by the Design Professional, but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially to the Design Professional for decision. An initial decision by the Design Professional shall be required as a condition precedent to mediation or arbitration of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless thirty (30) days have passed after the Claim has been referred to the Design Professional with no decision having been rendered by the Design Professional. The Design Professional will not decide disputes between the Contractor and persons or entities other than the Owner. §4.4.2 Owner The Design Professional will review Claims and within thirty ten (3010) days of the receipt of the claim Claim take one or more of the following actions: (1) request additional supporting data from the claimantclaimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, or (4) suggest a compromise, or (5) advise the parties that the Design Professional is unable to resolve the Claim if the Design Professional concludes that, in the Design Professional's sole discretion, it would be inappropriate for the Design Professional to resolve the Claim. §4.4.3 In evaluating Claims, Owner the Design Professional may, but shall not be obligated to, consult with or seek information from either Contractor, Architect/Engineer, party or from persons with special knowledge or expertise who may assist Owner the Design Professional in rendering a decision. The Design Professional may request the Owner to authorize retention of such persons at the Owner's expense. §4.4.4 If Owner the Design Professional requests Contractor a third party to provide a response to a Claim or to furnish additional supporting data, Contractor such party shall respond, within seven ten (710) days after receipt of such request, and shall either provide a response on the requested supporting data, advise Owner the Design Professional when the response or supporting data will be furnished, furnished or advise Owner the Design Professional that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, Owner the Design Professional will either reject or approve the Claim in whole or in part. §4.4.5 Owner The Design Professional will approve or reject Claims by written decision 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 the Design Professional shall be final and binding on the parties but subject to mediation and arbitration as provided hereinarbitration. §4.4.6 When a A written decision of Owner states the Design Professional shall state that (1) the decision is final final, but subject to mediation and arbitration, 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 the failure to demand arbitration within said thirty (30) days period shall result in Owner’s the Design Professional's decision becoming final and binding upon the Owner and Contractor. If the Design Professional renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration proceedings unless the decision is acceptable to all parties concerned. §4.4.7 Upon receipt of a Claim against the Contractor or at any time thereafter, Architect/Engineer the Design Professional or the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the claimClaim. If the Claim relates to a possibility of a Contractor’s 's default, Architect/Engineer the Design Professional or the Owner may, but is not obligated to, notify the surety or and request the surety’s 's assistance in resolving the controversy.

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 4.4.2 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 4.4.3 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 4.4.4 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 4.4.5 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 4.4.6 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. §4.4.1 [DELETED]Decision of Architect. Claims, excluding those alleging an error or omission by the Architect and those arising under Paragraphs 10.3 through 10.5, shall be referred initially to the Architect for decision. An initial decision by the Architect shall be required as a condition precedent to mediation or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Architect with no decision having been rendered by the Architect. The Architect will not decide disputes between the Contractor and persons or entities other than the Owner. §4.4.2 Owner The Architect will review Claims and within thirty (30) ten days of the receipt of the claim Claim take one or more of the following actions: actions (1) request additional supporting data from the claimantclaimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, or (4) suggest a compromise, or (5) advise the parties that the Architect is unable to resolve the Claim if the Architect lacks sufficient information to evaluate the merits of the Claim or if the Architect concludes that, in the Architect’s sole discretion, it would be inappropriate for the Architect to resolve the Claim. §4.4.3 In evaluating Claims, Owner the Architect may, but shall not be obligated to, consult with or seek information from either Contractor, Architect/Engineer, party or from persons with special knowledge or expertise who may assist Owner the Architect in rendering a decision. §4.4.4 If Owner the Architect requests Contractor a party to provide a response to a Claim or to furnish additional supporting data, Contractor such party shall respond, within seven (7) ten days after receipt of such request, request and shall either provide a response on the requested supporting data, advise Owner the Architect when the response or supporting data will be furnished, or advise Owner the Architect that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, Owner the Architect will either reject or approve recommend the approval of the Claim in whole or in part. §4.4.5 Owner The Architect will approve or reject Claims by written decision decision, which shall state the reasons therefore therefor and which shall notify the parties of any recommendations for change in the Contract Sum or Contract Time or both. The approval or rejection of a Claim by Owner shall be subject have the sole authority to mediation and arbitration as provided hereinmake a final decision regarding changes to the Contract Sum or Contract Time. §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 the Contractor or at any time thereafter, Architect/Engineer the Architect or the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the claimClaim. If the Claim relates related to a possibility of a Contractor’s default, Architect/Engineer the Architect or the Owner may, but is not obligated to, notify the surety or and request the surety’s assistance in resolving the controversy. 4.4.7 If a Claim relates to or is the subject of a mechanic’s lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the Claim.