Common use of Judicial Resolution Clause in Contracts

Judicial Resolution. (i) The Architect may, after obtaining a decision by the Owner as set forth in Article XVI, file a complaint against the Owner for compensatory damages due under the Contract Documents. The Courts of the State of Wyoming shall have jurisdiction over this Contract and the parties, and venue shall be the First Judicial District, Laramie County, Wyoming. (ii) The trial of any claim filed against the Owner pursuant to Articles XVI and XVII shall be limited to a bench trial, unless the court on its own motion orders otherwise. (iii) Compensable damages payable by the Owner under this Contract shall not exceed two hundred fifty thousand dollars ($250,000), or ten percent (10%) of the Contract Sum, whichever is less. (iv) If the Architect brings an action seeking relief not permitted herein, the Architect shall pay the Owner’s cost of defending the claim barred by this Contract, including attorney’s costs and fees. (v) If a court proceeding is to be recorded, it shall be recorded by a court reporter, and the transcript prepared by the court reporter shall be part of the official record of the court resolution proceedings. (vi) Regardless of the outcome of the proceeding, the parties to any court resolution proceeding under this Contract shall bear their own costs and attorney’s fees. Fees and costs not attributable to one party shall be shared equally by the parties to the court proceeding. (vii) Nothing herein shall be construed as a waiver of the Owner’s sovereign immunity. With respect to the Owner’s conduct or performance under this Contact, the following claims, as against the Owner, shall not be subject to a cause of action brought by Architect or to the dispute resolution provisions of this Contract: (a) Claims for consequential damages, including but not limited to loss of profit, loss of business or loss of use; (b) Claims for damages or injury to person or property; (c) Claims for exemplary or punitive damages; (d) Claims for expectation damages; (e) Claims or disputes related to the approval, refusal to approve, or substitution of subcontractor, regardless of tier, and suppliers; (f) Claims or disputes related to the Owner's termination of the Contract because of the Architect’s or subsequent Contractor’s default or because of any act of God; or for lack of funding as provided in Article X, paragraph P; and, (g) Claims or disputes concerning the Architect's decision in matters relating to artistic effect. These decisions will be final if consistent with the intent of the Contract. (h) Claims for indemnification or subrogation; and, (i) Claims for prejudgement interest; or (j) Claims for attorney’s fees or costs. (k) The Owner retains its sovereign immunity to the full extent not otherwise inconsistent with this section. Nothing herein is intended to relieve the Architect of its obligations under the Wyoming Governmental Claims Act.

Judicial Resolution. SAMPLE (i) The Architect may, after obtaining a decision by the Owner as set forth in Article XVI, file a complaint against the Owner for compensatory damages alleged to be due under the Contract Documentsthis Contract. The Courts of the State of Wyoming shall have jurisdiction over this Contract and the parties, and venue shall be the First Judicial District, Laramie County, Wyoming. (ii) The trial of any claim filed against the Owner pursuant to Articles XVI and XVII shall be limited to a bench trial, unless the court on its own motion orders otherwise. (iii) Compensable damages payable by the Owner under this Contract shall not exceed two hundred fifty thousand dollars ($250,000), or ten percent (10%) of the Contract Sum, whichever is less. (iv) If the Architect brings an action seeking relief not permitted herein, the Architect shall pay the Owner’s cost of defending the claim barred by this Contract, including attorney’s costs and fees. (v) If a court proceeding is to be recorded, it shall be recorded by a court reporter, and the transcript prepared by the court reporter shall be part of the official record of the court resolution proceedings. (vi) Regardless of the outcome of the proceeding, the parties to any court resolution proceeding under this Contract shall bear their own costs and attorney’s fees. Fees and costs not attributable to one party shall be shared equally by the parties to the court proceeding. (vii) Nothing herein shall be construed as a waiver of the Owner’s sovereign immunity. With respect to the Owner’s conduct or performance under this Contact, the following claims, as against the Owner, shall not be subject to a Architect’s cause of action brought by Architect or to the dispute resolution provisions of this Contract: (a) Claims for consequential damages, including but not limited to loss of profit, loss of business or loss of use; (b) Claims for damages or injury to person or property; (c) Claims for exemplary or punitive damages; (d) Claims for expectation damages;; SAMPLE (e) Claims or disputes related to the approval, refusal to approve, or substitution of subcontractor, regardless of tier, and suppliers; (f) Claims or disputes related to the Owner's termination of the Contract because of the Architect’s or subsequent Contractor’s default or because of any act of God; or for lack of funding as provided in Article X, paragraph P; and, (g) Claims or disputes concerning the Architect's decision in matters relating to artistic effect. These decisions will be final if consistent with the intent of the Contract. (h) Claims for indemnification or subrogation; and, (i) Claims for prejudgement prejudgment interest; or (j) Claims for attorney’s fees or costs. (k) The Owner retains its sovereign immunity to the full extent not otherwise inconsistent with this section. Nothing herein is intended to relieve the Architect of its obligations under the Wyoming Governmental Claims Act.