Common use of Claims Resolution Clause in Contracts

Claims Resolution. Disputes arising under this Agreement will not be decided by arbitration, unless the Prime Contract between Contractor and Owner has an arbitration provision and a particular dispute between Contractor and Subcontractor has an issue of fact or law in common with a dispute between the Owner and Contractor that is or that will be the subject of arbitration. To the extent not expressly prohibited by their Contracts with others, arbitrated claims and disputes of Owner, Contractor, Subcontractor and other subcontractors involving a common issue of fact or law shall be heard by the same arbitrator(s) in a single proceeding. In the event Contractor and Owner or others litigate or arbitrate matters relating to this Agreement, Contractor may, at its sole discretion, either direct Subcontractor to prepare and present Contractor’s case to the extent the proceedings are related to this Agreement, or use Contractor’s own legal counsel to prepare and present matters relating to this Agreement, in which event Subcontractor shall promptly reimburse Contractor for any and all attorneys’ fees, expert fees and costs incurred in connection with any proceedings that are related to this Agreement. Should the 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 Contractor.