Contract Claims and Disputes

5.2Contract Claims and Disputes

5.2.1General Provisions.

5.2.1.1No Arbitration. There is no agreement to arbitrate any dispute arising under the Contract Documents. Any and all references to arbitration in any of the Contract Documents, including without limitation any exhibits, attachments, or references, are hereby deleted and rendered null and void.

5.2.1.2Continuation of the Work. Unless otherwise agreed in writing, and notwithstanding any other rights or obligations of either of the parties under the Contract Documents, Construction Professional must proceed with the performance of the Work during the pendency of any Claim, dispute, protest, and other matter in question or during any alternative dispute resolution proceeding, court proceeding, or other proceeding to resolve any Claim, dispute, protest, and other matter in question. Unless otherwise provided herein, Owner will continue to make payments in accordance with the Contract Documents, but Owner is under no obligation to make payments on or against such Claim, dispute, protest, and other matter in question during the time required to resolve such Claim, dispute, protest, and other matter in question.

5.2.2General Claims for Contract Adjustments and Disputes. If Construction Professional desires to assert a Claim against Owner, it shall issue a Notice of Claim within the time and in the form provided in this Section. Any and all Claims not made within the required time period, or in the required form, are waived by Construction Professional. The requirement of Construction Professional to provide a Notice of Claim under this Section shall be in addition to any requirement to provide Notice under any other Section hereof.

5.2.2.1Form of Claims. A Notice of Claim shall be made in writing, shall be hand delivered or sent via U.S. Mail with return receipt, shall include a title or subject line that clearly identifies the document as a “Claim,” shall identify the specific provision of the Contract upon which the Claim is based, and must set forth in detail the basis for the Claim. Claims for adjustments to the Contract Sum or other damages or compensation shall identify the amount of the Claim and shall include appropriate documentation of the amount claimed. Claims for extensions of Contract Time shall identify the number of days claimed, the cause of any delay, the affected schedule activities, and information to demonstrate critical path was extended.

5.2.2.2Time for Submission of Claims. A Notice of Claim shall be made within fourteen (14) days after the occurrence of the event giving rise to the Claim or within fourteen (14) days after the event giving rise to the Claim should have been first observed, whichever is first, unless the Contract Documents specify a shorter or longer period with respect to such event, in which case such specific provision shall govern. In the case of a continuing delay as a result of a single event, only one Notice of Claim is necessary.

5.2.2.3Claims Limited to Actual Costs. Unless otherwise provided herein, Claims for increase in the Contract Sum shall be no greater than the actual direct, jobsite costs incurred by Construction Professional. If any other provision of the Contract Documents limits or precludes additional compensation to Construction Professional in certain events or circumstances, then any Claim for additional compensation related to such event or circumstance shall be limited or precluded as provided in such provision. As an additional condition to increase the Contract Sum, Construction Professional shall retain contemporaneous documentation of all costs supporting such increase and shall submit copies thereof to Owner along with the Notice of Claim or, for continuing Claims, on a daily basis after submitting the Notice of Claim.

5.2.2.4Claims for Extension of Contract Time. The provisions of Error: Reference source not found shall govern Construction Professional’s entitlement to an extension of Contract Time and any additional compensation related thereto, but as a condition precedent to such extension of Contract Time or such additional compensation, Construction Professional shall further comply with this Section 5.2.2.

5.2.2.5Protest of Decision. Owner may protest Design Professional’s Decision by issuing a Notice of Protest to Construction Professional and Design Professional. If Construction Professional desires to protest any Design Professional’s Decision, including any determinations regarding Claims by Construction Professional, then it shall issue a Notice of Protest to Owner and Design Professional no later than thirty (30) days after the Design Professional’s Decision. Construction Professional’s Notice of Protest shall be made in writing, shall include a title or subject line that clearly identifies the document as a “Notice of Protest” and shall set forth in detail the basis for the Protest. Construction Professional’s failure to issue a Notice of Protest shall result in a waiver of Construction Professional’s rights, remedies, or recovery arising from the Claim or dispute giving rise to such Protest.

5.2.3Dispute Resolution.

5.2.3.1Initial Dispute Resolution. If a dispute arises out of or relates to this Contract, the parties shall endeavor to settle the dispute first through direct discussions between the parties’ representatives who have the authority to settle the dispute. If the parties’ representatives are not able to promptly settle the dispute, they shall refer the dispute to the senior administrators of the parties who have the authority to settle the dispute, who shall meet within fourteen (14) days thereafter. If the dispute is not settled by the senior administrators, the parties may submit the dispute to mediation in accordance with Section 5.2.3.2.

5.2.3.2Mediation. If the dispute cannot be settled pursuant to Section 5.2.3.1, the parties may elect to submit the dispute to mediation. The parties agree to commence such mediation within sixty (60) days of electing mediation. The parties shall select a mutually agreeable mediator and shall share the cost of the mediator equally. Either party may terminate the mediation at any time after the first session, but the decision to terminate shall be communicated directly by the party’s representative to the other party’s representative and the mediator.

5.2.3.3Multiparty Proceeding. All parties necessary to resolve a Claim shall be parties to the same dispute resolution proceeding and shall share the costs equally. Appropriate provisions shall be included in all other contracts relating to the Work to provide for the consolidation of such dispute resolution procedures.

5.2.3.4No Litigation. No litigation may be commenced without first following the initial dispute resolution process in this Section. Litigation may be filed only in the Superior Court of Fulton County, Georgia, pursuant to O.C.G.A. § 50-21-1, after the filing party provides thirty (30) days’ Notice to the opposing party. The parties hereby agree that the Superior Court of Fulton County, Georgia shall have exclusive jurisdiction and venue in all matters concerning this Contract.

Directory: sites
sites -> Answer True False 2 points Question 2
sites -> 587 Return function, r i(X) r i(0) r i(1) r i(2) r i(3) 1 0 2 4 6 Thermal Station, I 2 0 1 5 6 3 0 3 5 6 10
sites -> Glossary for Chapter 1 Algorithm
sites -> North Carolina Inclusion Initiative Mapping Where Children with ieps are Being Served Purpose
sites -> Northern England’s set-jetting locations
sites -> Physical custody of 1033 program property accountibility form statement of Physical Custody: By signing for the below 1033 property I am a Law Enforcement Officer of the aforementioned Law Enforcement Agency
sites -> Nstructions for Acquiring Excess Equipment online, through the 1033 Program
sites -> Memorandum of agreement

Download 287.88 Kb.

Share with your friends: