Common use of Claims Resolution Procedure Clause in Contracts

Claims Resolution Procedure. 23.1 All claims, disputes and matters in question arising out of, or relating to this Agreement, or the breach thereof, except for claims which have been waived by the making acceptance of final payment, shall be decided by the claims procedure, including any arbitration and/or forum selection clause, specified in the Prime Contract between Contractor and Owner. In the absence of an agreement to arbitrate in the Prime Contract, claims or disputes shall be arbitrated if elected by Contractor. 23.2 In the event the Contract Documents contain an arbitration provision or if arbitration is elected by Contractor, the following shall apply: a. Notice of the Demand for Arbitration shall be filed in writing with the other party to this Agreement and shall conform to the requirements of the arbitration provision set forth in the Prime Contract. The Demand for Arbitration shall be made within a reasonable time after written notice of the claim, dispute, or other matter in question, and in no event shall be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matters in question would be barred by the applicable Statute of Limitations. b. The award rendered by the arbitrator(s) shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. c. Unless otherwise agreed to in writing, Subcontractor shall carry on the work and maintain the schedule of work pending arbitration, and, if so, Contractor shall continue to make payments in accordance with this Agreements d. To the event not prohibited by their contracts with others, the claims and disputes of Owner, Contractor, Subcontractor and other subcontractors involving a common question of fact or law shall be heard by the same arbitrator(s) in a single proceeding. In this event, it shall be the responsibility of Subcontractor to prepare and present Subcontractor's case, to the extent the proceedings are related to this Agreement. Should Contractor enter into arbitration with the Owner or others regarding matters relating to this agreement, Subcontractor shall be bound by the result of the arbitration to the same degree as the Contractor. e. This section shall not be deemed limitation of any rights or remedies which Subcontractor may have under the Federal or State mechanic’s lien laws or under any applicable labor and material payment bonds unless the Subcontractor expressly waives such rights or remedies. f. Subcontractor agrees to consolidation and/or joinder of all parties whose participation is necessary to a complete resolution of the claim or dispute. 23.3 In any dispute resolution proceeding between the parties to this Agreement, whether litigation or arbitration, the prevailing party shall be entitled to recover its reasonable attorney’s fees, expert fees and costs. In determining prevailing party status and the reasonableness of fees and costs, consideration shall be given to whether Subcontractor has permitted contractor a reasonable time to pursue payment on Subcontractor’s behalf in accordance with Section 2 of this Agreement, and whether other conditions to payment have been satisfied prior to commencement of the disputes proceeding. Consideration shall also be given to the relief awarded in relation to the relief sought.