Arbitration/Mediation. Parties agree to make a good faith effort to resolve any dispute without necessitating litigation. As a condition precedent to any lawsuit, Owner must provide notice of any claim in writing to Design-Builder and provide Design-Builder a reasonable opportunity to correct or complete the Work as specified in Contract Documents. Either party may then request mediation. The requesting party shall give written notice to the other party requesting mediation and the parties agree to use their best efforts to conduct the mediation within sixty (60) days of the notice. The parties will share the cost of mediation equally. If a dispute cannot be resolved directly between the parties, it shall be settled by arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Both parties waive their right to file any appeal for trial de novo in superior court and specifically agree to accept the arbitrator’s award as final and binding.
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Sources: Residential Design Build Contract (Cost Plus), Residential Design Build Contract
Arbitration/Mediation. Parties agree to make a good faith effort to resolve any dispute without necessitating litigation. As a condition precedent to any lawsuit, Owner must provide notice of any claim in writing to Design-Builder Contractor and provide Design-Builder Contractor a reasonable opportunity to correct or complete the Work as specified in Contract Documents. Either party may then request mediation. The requesting party shall give written notice to the other party requesting mediation and the parties agree to use their best efforts to conduct the mediation within sixty (60) days of the notice. The parties will share the cost of mediation equally. If a dispute cannot be resolved directly between the parties, it shall be settled by arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Both parties waive their right to file any appeal for trial de novo in superior court and specifically agree to accept the arbitrator’s award as final and binding.
Appears in 1 contract