Common use of Resolution of Claims and Disputes Clause in Contracts

Resolution of Claims and Disputes. 4.4.1 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 The Design Professional will review Claims and within ten (10) days of the receipt of the Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (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, the Design Professional may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist 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 the Design Professional requests a third party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten (10) days after receipt of such request, and shall either provide a response on the requested supporting data, advise the Design Professional when the response or supporting data will be furnished or advise the Design Professional that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Design Professional will either reject or approve the Claim in whole or in part. 4.4.5 The Design Professional 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 the Design Professional shall be final and binding on the parties but subject to mediation and arbitration. 4.4.6 A written decision of the Design Professional shall state 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, the failure to demand arbitration within said thirty (30) days period shall result in 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, the Design Professional or the 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 a Contractor's default, the Design Professional or the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy.

Resolution of Claims and Disputes. §4.4.1 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 The Design Professional will review Claims and within ten thirty (1030) days of the receipt of the Claim claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other partyclaimant, (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 §4.4.2 In evaluating Claims, the Design Professional Owner may, but shall not be obligated to, consult with or seek information from either party Contractor, Architect/Engineer, or from persons with special knowledge or expertise who may assist the Design Professional Owner 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 §4.4.3 If the Design Professional Owner requests a third party to provide a response to a Claim or Contractor to furnish additional supporting data, such party Contractor shall respond, within ten seven (107) days after receipt of such request, and shall either provide a response on the requested supporting data, advise the Design Professional Owner when the response or supporting data will be furnished furnished, or advise the Design Professional Owner that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Design Professional Owner will either reject or approve the Claim in whole or in part. 4.4.5 The Design Professional §4.4.4 Owner 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 the Design Professional Owner shall be final and binding on the parties but subject to mediation and arbitrationarbitration as provided herein. 4.4.6 A §4.4.5 When a written decision of the Design Professional shall state Owner states 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, the then failure to demand arbitration within said thirty (30) days period shall result in the Design Professional's Owner’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 §4.4.6 Upon receipt of a Claim against the Contractor or at any time thereafter, the Design Professional Architect/Engineer 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, the Design Professional Architect/Engineer or the Owner may, but is not obligated to, notify the surety and or request the surety's ’s assistance in resolving the controversy.

Resolution of Claims and Disputes. §4.4.1 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 [DELETED] §4.4.2 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 The Design Professional will review Claims and within ten thirty (1030) days of the receipt of the Claim claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other partyclaimant, (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, the Design Professional Owner may, but shall not be obligated to, consult with or seek information from either party Contractor, Architect/Engineer, or from persons with special knowledge or expertise who may assist the Design Professional Owner 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 the Design Professional Owner requests a third party to provide a response to a Claim or Contractor to furnish additional supporting data, such party Contractor shall respond, within ten seven (107) days after receipt of such request, and shall either provide a response on the requested supporting data, advise the Design Professional Owner when the response or supporting data will be furnished furnished, or advise the Design Professional Owner that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Design Professional Owner will either reject or approve the Claim in whole or in part. §4.4.5 The Design Professional Owner 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 the Design Professional Owner shall be final and binding on the parties but subject to mediation and arbitrationarbitration as provided herein. §4.4.6 A When a written decision of the Design Professional shall state Owner states 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, the then failure to demand arbitration within said thirty (30) days period shall result in the Design Professional's Owner’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, the Design Professional Architect/Engineer 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, the Design Professional Architect/Engineer or the Owner may, but is not obligated to, notify the surety and or request the surety's ’s assistance in resolving the controversy.

Resolution of Claims and Disputes. 70 4.4.1 Decision of Design ProfessionalArchitect. Claims, including those alleging an error or omission by the Design ProfessionalArchitect, but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially to the Design Professional Architect for decision. An initial decision by the Design Professional Architect, shall be required as a condition precedent to mediation filing a Claim pursuant to Paragraph 4.5 related to the Contract, mediation, arbitration or arbitration 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 Claims 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, due unless thirty (30) 30 days have passed after the Claim has been referred to the Design Professional Architect with no decision having been rendered by the Design ProfessionalArchitect. The Design Professional Architect will not decide disputes between the Contractor and persons or entities other than the Owner. 5 4.4.2 The Design Professional Architect will review Claims and within ten (10) days of the receipt of the Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Design Professional Architect is unable to resolve the Claim if the Design Professional Architect lacks sufficient information to evaluate the merits of the Claim or if the Architect concludes that, in the Design Professional's Architect’s sole discretion, it would be inappropriate for the Design Professional Architect to resolve the Claim. 4.4.3 In evaluating Claims, the Design Professional may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist 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 the Design Professional requests a third party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten (10) days after receipt of such request, and shall either provide a response on the requested supporting data, advise the Design Professional when the response or supporting data will be furnished or advise the Design Professional that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Design Professional will either reject or approve the Claim in whole or in part. 4.4.5 The Design Professional 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 the Design Professional shall be final and binding on the parties but subject to mediation and arbitration. 4.4.6 A written decision of the Design Professional shall state 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, the failure to demand arbitration within said thirty (30) days period shall result in 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, the Design Professional or the 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 a Contractor's default, the Design Professional or the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy.

Resolution of Claims and Disputes. § 4.4.1 Decision of Design ProfessionalArchitect. Claims, including those alleging an error or omission by the Design Professional, Architect but excluding those arising under Paragraphs Sections 10.3 through 10.5, shall be referred initially to the Design Professional Architect for decision. An initial decision by the Design Professional Architect shall be required as a condition precedent to mediation mediation, arbitration or arbitration litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless thirty (30) 30 days have passed after the Claim has been referred to the Design Professional Architect with no decision having been rendered by the Design ProfessionalArchitect. The Design Professional Architect will not decide disputes between the Contractor and persons or entities other than the Owner. § 4.4.2 The Design Professional Architect will review Claims and within ten (10) days of the receipt of the Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Design Professional Architect is unable to resolve the Claim if the Design Professional Architect lacks sufficient information to evaluate the merits of the Claim or if the Architect concludes that, in the Design ProfessionalArchitect's sole discretion, it would be inappropriate for the Design Professional Architect to resolve the Claim. § 4.4.3 In evaluating Claims, the Design Professional Architect may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Design Professional Architect in rendering a decision. The Design Professional Architect may request the Owner to authorize retention of such persons at the Owner's expense. § 4.4.4 If the Design Professional Architect requests a third party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten (10) days after receipt of such request, and shall either provide a response on the requested supporting data, advise the Design Professional Architect when the response or supporting data will be furnished or advise the Design Professional Architect that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Design Professional Architect will either reject or approve the Claim in whole or in part. § 4.4.5 The Design Professional Architect will approve or reject Claims by written 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 the Design Professional Architect shall be final and binding on the parties but subject to mediation and arbitration. § 4.4.6 A When a written decision of the Design Professional shall state Architect states that (1) the decision is final, 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) 30 days after the date on which the party making the demand receives the final written decision, the then failure to demand arbitration within said thirty (30) days 30 days' period shall result in the Design ProfessionalArchitect's decision becoming final and binding upon the Owner and Contractor. If the Design Professional 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, the Design Professional Architect or the 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 a Contractor's default, the Design Professional Architect or the Owner may, but is not obligated to, notify the surety and request the surety'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 Decision of Design ProfessionalArchitect. Claims, including excluding those alleging an error or omission by the Design Professional, but excluding Architect and those arising under Paragraphs 10.3 through 10.5, shall be referred initially to the Design Professional Architect for decision. An initial decision by the Design Professional Architect shall be required as a condition precedent to mediation or arbitration litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless thirty (30) 30 days have passed after the Claim has been referred to the Design Professional Architect with no decision having been rendered by the Design ProfessionalArchitect. The Design Professional Architect will not decide disputes between the Contractor and persons or entities other than the Owner. 4.4.2 The Design Professional Architect will review Claims and within ten (10) days of the receipt of the Claim take one or more of the following actions: actions (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Design Professional Architect is unable to resolve the Claim if the Design Professional Architect lacks sufficient information to evaluate the merits of the Claim or if the Architect concludes that, in the Design Professional's Architect’s sole discretion, it would be inappropriate for the Design Professional Architect to resolve the Claim. 4.4.3 In evaluating Claims, the Design Professional Architect may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Design Professional Architect 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 the Design Professional Architect requests a third party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten (10) days after receipt of such request, request and shall either provide a response on the requested supporting data, advise the Design Professional Architect when the response or supporting data will be furnished furnished, or advise the Design Professional Architect that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Design Professional Architect will either reject or approve recommend the approval of the Claim in whole or in part. 4.4.5 The Design Professional Architect will approve or reject Claims by written 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 Owner shall have the sole authority to make a final decision regarding changes to the Contract Sum or rejection of a Claim by the Design Professional shall be final and binding on the parties but subject to mediation and arbitrationContract Time. 4.4.6 A written decision of the Design Professional shall state 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, the failure to demand arbitration within said thirty (30) days period shall result in 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, the Design Professional Architect or the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates related to a possibility of a Contractor's ’s default, the Design Professional Architect or the Owner may, but is not obligated to, notify the surety and request the surety's ’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.