05-D Animal Shelter Contract - Laserfiche WebLink

Home Browse Search

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 3o 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. ~ IIII o o, o oo.~.oo O 01997 AIAO AIA DOCUMENT A707-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architecis 1735 New York Avenue, N.W. Washington, D.C. 20006-5291 4.4.2 The Architect will review Claims and within ten days of the receipt of the Claim take one or more of the following actions: (i) request additional supporting data from the daimant or a response with supporting data from the other pazty, (z) reject the Claim in whole or in part, (3) approve the Claim, (4) suggesl 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 wncludes that, in the Architect's sole discretion, it would be inappropriate far the Architect to resolve the Claim. 4.4.3 In evaluating Claims, the 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 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 the Architect requests a party to provide a response to a Claim or to fumish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either provide a response on the requested supporting data, advise the Architect when the response or supporting data will be furnished or advise the Architect that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Architect will either reject or approve the Claim in whole or in part. 4.4.5 The Architect will approve or reject Claims by written decision, which shall state the rea- sons therefor 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 Ihe Architect shall be final and binding on the parties but subject to mediation and arbitration. 4.4.6 When a written decision of the Architect states that (i) the decision is final but subjed to mediation and arbitration and (z) a demand for arbitration of a Claim covered by such decision must be made within 3o days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 3o days' period shal] result in the Architect's decision becoming final and binding upon the Owner and Contrador. 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. 4.4J llpon receipt of a Claim against the Contractor or at any time thereafter, the 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 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 oE 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. 4.5 MEDIATION 4.5.1 Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and except those waived as provided for in Subparagraphs 4.3.10, 9.io.4 and 9.10.5 shall, after initial decision by the Architect or 3o days after submission of the Claim to the Architect, be WMNING: Unlicansed photocopying violates U.S. <opyright lawz and wlll subJect the violafor to legal prosecution.