FINAL RESOLUTION for STATE-FUNDED AGREEMENTS Sample Clauses

The FINAL RESOLUTION for STATE-FUNDED AGREEMENTS clause establishes the procedures and requirements for resolving disputes or issues that arise under agreements funded by state resources. Typically, this clause outlines the steps parties must follow, such as mandatory negotiation, mediation, or submission to a designated state authority before pursuing litigation. It may also specify timelines and documentation requirements to ensure all parties have a clear process to follow. The core function of this clause is to provide a structured, fair, and efficient method for resolving disagreements, thereby minimizing disruptions to state-funded projects and ensuring compliance with state regulations.
FINAL RESOLUTION for STATE-FUNDED AGREEMENTS. (1) If the Agreement is funded in whole or in part with state funds, the final Resolution of Claims and Disputes which cannot be resolved by the Architect and Owner shall be by the Director of the Technical Staff, Alabama Building Commission, whose decision shall be final, binding, and conclusive upon the Architect and the Owner. (2) When it becomes apparent to the party asserting a Claim (the Claimant) that an impasse to mutual resolution has been reached, the Claimant may request in writing to the Director that the Claim be resolved by decision of the Director. Such request by the Architect shall be submitted through the Owner. Should the Owner fail or refuse to submit the Architect's request within ten days of receipt of same, the Architect may forward such request directly to the Director. Upon receipt of a request to resolve a Claim, the Director will instruct the parties as to procedures to be initiated and followed. (3) If the respondent to a Claim fails or refuses to participate or cooperate in the Resolution procedures to the extent that the Claimant is compelled to initiate legal proceedings to induce the Respondent to participate or cooperate, the Claimant will be entitled to recover, and may amend its Claim to include, the expense of reasonable attorney’s fees so incurred.
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