Common use of Dispute Between Owner and Contractor Clause in Contracts

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.