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§ 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional
<br />supporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide a
<br />response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting
<br />data will be furnished or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon
<br />receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim
<br />in whole or in part.
<br />§ 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that
<br />the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the
<br />reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision
<br />Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding
<br />on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding
<br />dispute resolution.
<br />§ 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1.
<br />§ 15.2.6.1 Either party may, within 30 days from the date of an initial decision, demand in writing that the other party
<br />file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the
<br />demand fails to file for mediation within the time required, then both parties waive their rights to mediate or pursue
<br />binding dispute resolution 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
<br />any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner
<br />may, 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
<br />waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 shall be subject to mediation as a condition precedent
<br />to binding 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
<br />Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in
<br />writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation.
<br />The 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
<br />parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed
<br />to the selection of the arbitrator(s) and agree upon a schedule for later proceedings.
<br />§ 15.3.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the
<br />place where the Project is located, unless another location is mutually agreed upon. Agreements reached in
<br />mediation shall 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
<br />agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction
<br />Industry Arbitration Rules in effect on the date of the Agreement. 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
<br />party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on
<br />which arbitration is permitted to be demanded.
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