9001 AIRPORT RD BLDG 1 2025-10-21

SNO-ISLE TECH 2O23 SMALL WORKS Section 00 70 00, Page 29 McGRANAHAN ARCHITECTS GENERAL CONDITIONS 4.4 DISPUTE RESOLUTION 4.4.1 All claims, disputes and other matters in question of the Contractor arising out of, or relating to, the Project or the Contract Documents or the breach thereof, except Claims which have been waived under the terms of the Contract Documents shall be decided exclusively by the following dispute resolution procedure specified in Paragraph 4.4 unless the parties mutually agree in writing otherwise. 4.4.2 Except as provided in paragraph 4.3.7 regarding concealed conditions, the Contractor shall give Initial Notice to the Owner and the Architect within seven (7) days of the event giving rise to them. Claims must be submitted to Owner within twenty-one (21) days of Owner's receipt of the applicable Initial Notice. Failure to properly give such Initial Notice and submit a Claim shall constitute waiver of the Claim. The Contractor shall not be entitled to any change in the Contract Sum or the Contract Time, nor any other compensation, for any events or costs that occurred more than seven (7) days before the applicable Initial Notice. Each Claim must be substantiated in accordance with Subparagraph 4.3.4 above. Each Initial Notice and Claim shall be deemed to include a statement that the Claim covers all changes in cost and in time (direct, indirect, impact, consequential, and otherwise) to which the Contractor (and Subcontractors and Suppliers) is entitled. The Owner or its representative shall have j ! the right to audit the books and records of the Contractor and/or of any Subcontractor of any tier making a Claim. .1 If a Claim is not resolved, the Contractor may bring no Claim against the Owner in litigation unless the Claim is first subject to nonbinding mediation before a single mediator under the Voluntary Construction Mediation Rules of the American Arbitration Association. This requirement can be waived only by an explicit written waiver signed by the Owner. An officer of the Contractor and the Representative or designee of the Owner, both having full authority to settle the claim, must attend the mediation session. To the extent there are other parties in interest, such as the Architect, Engineers, Consultants, Subcontractors or Suppliers, their representatives, or others deemed necessary by the Owner, with full authority to settle the Claim, shall also attend the mediation session. Unless the Owner and the Contractor mutually agree in writing otherwise, all unresolved Claims shall be considered at a single mediation session which shall occur sixty (60) days following Final Acceptance by the Owner. .2 The Contractor may bring no litigation on Claims unless such claims have been properly raised and considered in the procedures of this Article. All unresolved Claims shall be waived and released unless the Contractor has strictly complied with the time limits of the Contract Documents, and litigation is served and filed within the earlier of (a) sixty (60) days after Final Acceptance, or (b) one hundred twenty (120) days after Substantial Completion. This requirement can be waived only by an explicit written waiver signed by the Owner. 4.4.3 The Contractor shall diligently carry on the Work and maintain the progress schedule during any dispute resolution proceedings, unless otherwise agreed by it and the Owner in writing. 4.4.4 The Contractor agrees that the Owner and Architect may join the Contractor as a party to any litigation/arbitration/mediation involving the Project in anyway. All disputes unresolved after mediation shall be decided by litigation in accordance with the Contract Documents. mcg-ARC 2120.000 February 28, 2023