Dispute Between Owner and Contractor Sample Clauses

The "Dispute Between Owner and Contractor" clause establishes the procedures and mechanisms for resolving disagreements that arise between the project owner and the contractor during the course of a contract. Typically, this clause outlines steps such as negotiation, mediation, or arbitration before litigation can be pursued, and may specify timelines, required documentation, or the selection of neutral third parties. Its core function is to provide a clear, structured process for addressing conflicts, thereby minimizing project delays and reducing the risk of costly legal battles.
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Dispute Between Owner and Contractor. 1.10.8.1 In the event a dispute arises between the Owner and Contractor, or any other party, whether before, during, or after construction, the Architect/Engineer shall advise and consult with the Owner in attempting to resolve the dispute, whether informally or by mediation, arbitration, or other legal proceeding. 1.10.8.2 The Architect/Engineer will make himself and/or his consultants, agents, and employees available and shall permit inspection of his records by the Owner. In the event that it is ultimately determined that the Architect/Engineer did not cause or contribute to the dispute, damages, or expenses alleged, the Architect/Engineer shall be reimbursed by the Owner for all costs reasonably incurred upon final resolution of the dispute with the Contractor. 1.10.8.3 The Owner, at its sole discretion, may also enjoin the Architect/Engineer and/or consolidate any claim or dispute with the Architect/Engineer to any dispute between the Owner and Contractor. This condition is the singular and sole exemption to needing written consent of the Owner, Architect/Engineer, and any other party seeking to be joined in a dispute or claim between the Owner and the Contractor, as defined in the Contract for Construction. 1.10.8.4 If there is no formal determination or finding of fault, the Architect/Engineer and Owner may negotiate terms for payment unless the Owner suffered loss as a result of the dispute and believes the Architect/Engineer was responsible for or contributed to the loss or cause of the dispute. In such event, any such dispute between the Owner and the Architect/Engineer shall be subject to resolution per the “Dispute Resolution” article of this Agreement. 1.10.8.5 The Owner will not be required to reimburse the Architect/Engineer for matters in dispute at any time prior to a final determination or resolution of any claim or dispute. In the event the Architect/Engineer caused, in whole or in part, the dispute or controversy, the Architect/Engineer shall bear his costs for participating in the resolution.
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Dispute Between Owner and Contractor. Engineer shall act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work thereunder and make recommendations on all claims of Owner and Contractor relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work.
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Dispute Between Owner and Contractor. In the event a dispute arises between the Owner and Contractor, or any other party, whether before, during, or after construction, the Architect/Engineer shall advise and consult with the Owner in attempting to resolve the dispute, whether informally or by mediation, arbitration, or other legal proceeding. The Architect/Engineer will make himself and/or his consultants, agents, and employees available and shall permit inspection of his records by the Owner. In the event that it is ultimately determined that the Architect/Engineer did not cause or contribute to the dispute, damages, or expenses alleged, the Architect/Engineer shall be reimbursed by the Owner for all costs reasonably incurred upon final resolution of the dispute with the Contractor. The Owner, at its sole discretion, may also enjoin the Architect/Engineer and/or consolidate any claim or dispute with the Architect/Engineer to any dispute between the Owner and Contractor. This condition is the singular and sole exemption to needing written consent of the Owner, Architect/Engineer, and any other party seeking to be joined in a dispute or claim between the Owner and the Contractor, as defined in the Contract for Construction. If there is no formal determination or finding of fault, the Architect/Engineer and Owner may negotiate terms for payment unless the Owner suffered loss as a result of the dispute and believes the Architect/Engineer was responsible for or contributed to the loss or cause of the dispute. In such event, any such dispute between the Owner and the Architect/Engineer shall be subject to resolution per the “Dispute Resolution” article of this Agreement. The Owner will not be required to reimburse the Architect/Engineer for matters in dispute at any time prior to a final determination or resolution of any claim or dispute. In the event the Architect/Engineer caused, in whole or in part, the dispute or controversy, the Architect/Engineer shall bear his costs for participating in the resolution.
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Dispute Between Owner and Contractor. In the event a dispute arises between the Owner and Contractor, or any other party, whether before, during, or after construction, the Land Surveyor shall advise and consult with the Owner in attempting to resolve the dispute, whether informally or by mediation, arbitration, or other legal proceeding. The Land Surveyor will make himself and/or his consultants, agents and, employees available and shall permit inspection of his records by the Owner. In the event that it is ultimately determined that the Land Surveyor did not cause or contribute to the dispute, damages, or expenses alleged, the Land Surveyor shall be reimbursed by the Owner for all costs reasonably incurred upon final resolution of the dispute. The singular and sole exemption to needing written consent of the Owner, Land Surveyor, and any other party seeking to be joined in a dispute or claim between the Owner and the Contractor, as defined in the Contract for Construction, which may be consolidated and joined at the sole discretion of the Owner. The Owner, at its sole discretion, may also enjoin and consolidate any claim or dispute with the Land Surveyor to any dispute between the Owner and Contractor. If there is no formal finding of fault, the Land Surveyor and Owner shall negotiate terms for payment unless the Owner suffered loss as a result of the dispute and believes the Land Surveyor was responsible for or contributed to its cause. In such event, any claim by Owner against the Land Surveyor shall be subject to resolution per the terms of this Agreement. The Owner will not be required to reimburse the Land Surveyor at any time prior to the final determination or resolution of any claim or dispute. In the event the Land Surveyor caused, in whole or in part, the dispute or controversy, the Land Surveyor shall bear his costs for participating in the resolution.
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Related to Dispute Between Owner and Contractor

  • Settlement of Disputes between Contracting Parties 1. Should any dispute arise concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicably. 2. If the dispute cannot be settled in a such manner it shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Article. 3. The Arbitral Tribunal shall be constituted in the following way: within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator. The two arbitrators will choose a national of a third State who, on the approval by the two Contracting Parties, shall act as chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman shall be appointed within two months from the date of appointment of the other two arbitrators. 4. If within the period specified in paragraph 3 of this Article either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a request may be made to the President of the International Court of Justice to make the appointment. If he is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said function, the member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the appointment. 5. The Arbitral Tribunal shall reach its decision by a majority of votes, such decision shall be final and binding. Each contracting Party shall bear the costs of its own arbitrator and its counsel in the arbitral proceedings, the costs of the chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.

  • Settlement of Disputes between the Contracting Parties 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through diplomatic channels. 2. If a dispute between the contracting Parties cannot thus be settled, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. 3. Such as arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the vice- President is a national of either Contracting Party or if he too is prevented form discharging the said function, the members of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall be invited to make the necessary appointments. 5. The arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining cost shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedure.

  • Disputes between a Contracting Party and an Investor (1) Any dispute which may arise between an investor of one Contracting Party and the other Contracting Party in connection with an investment on the territory of that other Contracting Party shall be subject to negotiations between the parties in dispute. (2) If any dispute between an investor of one Contracting Party and the other Contracting Party continues to exist after a period of three months, investor shall be entitled to submit the case either to: (a) The International Centre for Settlement of Investment Disputes having regard to the applicable provisions of the Convention on the Settlement of Investment Disputes between States and Nationals of other States opened for signature at Washington D.C. on 18 March 1965, or in case both Contracting Parties have not become parties to this Convention, (b) An arbitrator or international ad hoc arb1 tral tribunal established under the Arbitration Rules of the United Nations Commission on International Trade Law. The parties to the dispute may agree in writing to modify these Rules. The arbitral awards shall be final and binding on both Parties to the dispute.Arbitration Rules of the United Nations Commission on International Trade Law. The parties to the dispute may agree in writing to modify these Rules. The arbitral awards shall be final and binding on both Parties to the dispute.

  • Disputes between the Contracting Parties (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as possible, be settled through negotiation. (2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arose, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. (3) Such an arbitral tribunal shall be constituted for each individual case in the following way. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. (4) If within the periods specified in paragraph (3) of this Article the necessary appointments have in not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments. (5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine its own procedures.

  • Settlement of Disputes between the Parties 1. Any dispute between the Parties concerning the interpretation or application of this Chapter shall, as far as possible, be settled with consultation through diplomatic channel. 2. If a dispute cannot thus be settled within 6 months, it shall, upon the request of either Party, be submitted to an ad hoc arbitral tribunal. 3. Such tribunal comprises of 3 arbitrators. Within 2 months of the receipt of the written notice requesting arbitration, each Party shall appoint one arbitrator. Those 2 arbitrators shall, within further 2 months, together select a national of a third State having diplomatic relations with both Parties who, upon approval by the Parties, shall be appointed as Chairman of the arbitral tribunal. 4. If the arbitral tribunal has not been constituted within 4 months from the receipt of the written notice requesting arbitration, either Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Party or is otherwise prevented from discharging the said functions, the Member of the International Court of Justice next in seniority who is not a national of either Party or is not otherwise prevented from discharging the said functions shall be invited to make such necessary appointments. 5. The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its award in accordance with the provisions of this Agreement and the principles of international law recognized by both Parties. 6. The arbitral tribunal shall reach its award by a majority of votes. Such award shall be final and binding upon both Parties. The arbitral tribunal shall, upon the request of either Party, explain the reasons of its award. 7. Each Party shall bear the costs of its appointed arbitrator and of its representation in arbitral proceedings. The relevant costs of the Chairman and tribunal shall be borne in equal parts by the Parties.