Common use of Continuance of Work Clause in Contracts

Continuance of Work. Subcontractor shall carry on its work and maintain the Progress Schedule pending resolution of any disputes under these dispute resolution procedures. C. Mediation: Any Dispute or claim arising out of or related to the Subcontract Agreement shall be subject to mediation as a condition precedent to litigation. A mediation pursuant to this Article may be joined with a mediation involving common issues of law or fact between Contractor and Owner and/or any person or entity with whom the Owner or Contractor has a contractual obligation to mediate disputes which does not prohibit consolidation or joinder, with the claims and disputes of Owner, Contractor, Subcontractor and other subcontractors involving a common question of fact or law to be heard by the same mediator in a single proceeding. The parties shall endeavor to resolve their claims by mediation which, unless the parties mutually agree otherwise, shall be conducted in accordance with the Construction Industry Mediation Rules of the American Arbitration Association (“AAA”) currently in effect at the time of the mediation, The location of the mediation shall be in the state where the Project is located; provided, however, that if the Project at issue is physically located in Missouri or Illinois, then the mediation shall be conducted by AAA in St. Louis. Mediation shall be completed within 45 days after written demand for mediation is served upon the other party. Either party may terminate the mediation at any time after the first session, but the decision to terminate must be delivered in person to the party’s representative to the other party’s representative and the mediator.

Continuance of Work. Subcontractor shall carry on its work and maintain the Progress Schedule pending resolution of any disputes under these dispute resolution procedures. C. Mediation: Any Dispute or claim arising out of or related to the Subcontract Agreement shall be subject to mediation as a condition precedent to litigation. A mediation pursuant to this Article may be joined with a mediation involving common issues of law or fact between Contractor and Owner and/or any person or entity with whom the Owner or Contractor has a contractual obligation to mediate disputes which does not prohibit consolidation or joinder, with the claims and disputes of Owner, Contractor, Subcontractor and other subcontractors involving a common question of fact or law to be heard by the same mediator in a single proceeding. proceeding The parties shall endeavor to resolve their claims by mediation which, unless the parties mutually agree otherwise, shall be conducted in accordance with the Construction Industry Mediation Rules of the American Arbitration Association (“AAA”) currently in effect at the time of the mediation, . The location of the mediation shall be in the state where the Project is located; provided, however, that if the Project at issue is physically located in Missouri or Illinois, then the mediation shall be conducted by AAA and through U.S. Arbitration and Mediation Service in St. Louis. Mediation shall be completed within 45 60 days after written demand for mediation is served upon the other party. Either party may terminate the mediation at any time after the first session, but the decision to terminate must be delivered in person to by the party’s representative to the other party’s representative and the mediator.