05-28-1985 Council Packet - Laserfiche WebLink

Home Browse Search

7.10 DECISIONS ON DISACREEMEN'rS 7.10.1 Claims, disputes, disagreements, or other matters in question between the Contractor and the Owner relating to the execution or progress of the Work or the interpretation of the Contract Documents shall be referred initially to the Engineer for decision which he will reu:ler in writing within a reasonable time. 7.10.2 Any claim, dispute, disagreement or other matter that has been referred to the Engineer, except any which has been waived by the making or acceptance of final payment, shall he subject to arbitration under Paragraph 7.11 below upon the written demand of either party. However, no demand for arbitration of any such claim, dispute or other matter may be made until the ea•-lier of the date on which the Engineer has rendered his written decision, or the tenth day after the parties have presented their evidence to the Engineer or have been given a reasonable opportunity to do so, if the Engineer has not rendered his written decision by that date. 7.10.1 If a decision of the Engineer is made in writing and states that it is final but subject to appeal, no demand for arbitration of a claim, dispute or other matter covered by such decision may be made later than thirty days after the date on which the party making the demand received the decision. The failure to demand arbitration within said thirty days' period will result in the Engineer's decision becoming final and hinding upon the Owner and the Con- tractor. If the Engineer renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede any arbitration proceedings unless the decision is acceptable to the parties concerned. 7.11 ARRl'rRATION 7.11.1 All claims, disputes and other matters in question arising out of, or relating to, the Contract Documents or the breach thereof, except for claims which have been waived by the making or acceptance of final payment, or barred by failure to demand arbitration within the time limits specified, shall be decided by arbitration in accordance with the Construction Industry Arbitra- tion Rules of the American Arbitration Association then obtaining unless the •' parties mutually agree otherwise. Prearbitration discovery shall be conducted in accordance with Rules 26 through 37 of the Federal Rules of Civil Pro- cedure. No arbitration relating to the Contract Documents shall include by consolidation, joinder or otherwise, any person or entity (including the Engineer), not a party to this Agreement with,lut the written consent of such other person or entity. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the " arbitrators shall be final, and judgment may be entered upon it in accordance with applicable lnw in env court having Jurisdi<.:tion. .a 7.11.2 Noti,-e of thv +,>mand for arhitrntinn '!all he filed in writing with the other tarty t�i r', ,ntrat, t rn-i with thy• V c irbiItat ion Association, an'1 a upv 01 ,' . i ' wi th the ►: �, i r, nd tor arhi[rat tun shall 1 /R5 ropyr t ith t PO4 Bonatit too, Rnsene, Anklerl i t