|
§ 15.2.6.1 Either party may, within 30 days from the date of receipt of an initial decision, demand in writing that the
<br />other party file for mediation. If such a demand is made and the party receiving the demand fails to file for mediation
<br />within 30 days after receipt thereof, then both parties waive their rights to mediate or pursue binding dispute resolution
<br />proceedings with respect to the initial decision.
<br />§ 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any,
<br />of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner may,
<br />but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy.
<br />§ 15.2.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in
<br />accordance with applicable law to comply with the lien notice or filing deadlines.
<br />§ 15.3 Mediation
<br />§ 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived
<br />as provided for in Sections 9.10.4, 9.10.5, and 15.1.7, shall be subject to mediation as a condition precedent to binding
<br />dispute resolution.
<br />§ 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree
<br />otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry
<br />Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing,
<br />delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The
<br />request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event,
<br />mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending
<br />mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties
<br />or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the
<br />selection of the arbitrator(s) and agree upon a schedule for later proceedings.
<br />§ 15.3.3 Either party may, within 30 days from the date that mediation has been concluded without resolution of the
<br />dispute or 60 days after mediation has been demanded without resolution of the dispute, demand in writing that the
<br />other party file for binding dispute resolution. If such a demand is made and the party receiving the demand fails to
<br />file for binding dispute resolution within 60 days after receipt thereof, then both parties waive their rights to binding
<br />dispute resolution proceedings with respect to the initial decision.
<br />§ 15.3.4 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place
<br />where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall
<br />be enforceable as settlement agreements in any court having jurisdiction thereof.
<br />§ 15.4 Arbitration
<br />§ 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any
<br />Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree
<br />otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry
<br />Arbitration Rules in effect on the date of the Agreement. The Arbitration shall be conducted in the place where the
<br />Project is located, unless another location is mutually agreed upon. A demand for arbitration shall be made in writing,
<br />delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party
<br />filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which
<br />arbitration is permitted to be demanded.
<br />§ 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for
<br />mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on
<br />the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a
<br />written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of
<br />legal or equitable proceedings based on the Claim.
<br />§ 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in
<br />accordance with applicable law in any court having jurisdiction thereof.
<br />Init. AIA Document A201®— 2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The
<br />American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents" are 39
<br />registered trademarks and may not be used without permission. This document was produced by AIA software at 11:53:33 CT on 10/15/2020 under Order
<br />No.6421824392 which expires on 04/24/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract
<br />Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.
<br />User Notes: (1263491182)
<br />
|