|
r .
<br /> I Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work.
<br /> § 20.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 20.2.1, the Contractor shall
<br /> not be entitled to receive further payment until the Work is finished.
<br /> $ 20.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for
<br /> die Architect's sexvices and expenses made necessary thereby, and other damages incurred by the Owner and not
<br /> expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance,
<br /> 11�e Contractar shall pay �e difference to the Owner. The amount to be paid to the Contractor or Owner, as the case
<br /> may be, shall be certifiec! by the Architect, upon application, and this obligation for payment shall survive termination
<br /> of the Contract.
<br /> § 20.3 TEWiA1NATI0N BY THE OWNER FOR CONVENIENCE
<br /> The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. The Contractor
<br /> shail be e�ntitled to receive payment for Work executed, and costs incurred by reason of such termination, along with
<br /> reasonabie overhead and profit on the Work not executed.
<br /> ARTICLE 21 CLAIMS AND DISPUTES
<br /> § 21.1 Claims, disputes and other matters in question arising out of or relating to this Contract, including those
<br /> alleging an etra or omissim by the Architect but excluding those arising under Section 16.2, shall be referred initially
<br /> to the Architect for decision. Such matters, except those waived as provided for in Section 21.8 and Sections 15.5.3
<br /> arid 15.5.4, stsall, afta initial decision by the Architect or 30 days after submission of the matter to the Architect, be
<br /> subject to mediadon as a condition precedent to binding dispute resolution.
<br /> § 21.2 If a claim, dispute or other matter in question relates to or is the subject of a mechanid s lien, the party asserting
<br /> such m�tter may proceed in accordance with applicable law to comply with the lien notice or filing deadlines.
<br /> § 21.3 The perties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agree
<br /> otherwise, shall be a�ninistered by the American Arbitration Association in accordance with their Construction
<br /> Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in
<br /> writing, deliverai to die ather party to this Agreement, and filed with the person or entity administering the mediation.
<br /> 'I1ie request msy be made concurrenfly with the binding dispute resolution but, in such event, mediation shall proceed
<br /> in advance of binding dispute resdutiar proceedings, which shall be stayed pending mediation for a period of 60 days
<br /> from tht date of flling, unless stayed for a longer period by ageement of the parties or court order. If an arbitration is
<br /> stayed pursuant to tt►is Section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon
<br /> a sc�odtile for later proceedings.
<br /> § 21.4 If the parties have seiected arbitration as the method for binding dispute resolution in the Agreement, any claim,
<br /> subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree
<br /> otherwise, shall be administered by the American Arbiteation Association, in accordance with the Construction
<br /> Industry Arbitration Rules in effect on the date of this Agreement. Demand for arbitratian shall be made in writing,
<br /> delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The award
<br /> rendered by the arbitrator or arbitrators shall be finai, and judgment may be entered upon it in accordance with
<br /> �pplicable law in any court having jurisdiction thereof.
<br /> § 21.5 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any
<br /> other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration
<br /> pernuts consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact;
<br /> and (3) �e arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).
<br /> § 21.6 Any party to an arbitration may include by joinder persons or entities substantially involved in a common
<br /> questias of law or fact whose presence is required if complete relief is to be accorded in arbitration provided that the
<br /> pariy sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or
<br /> entity shall not constitute consent to arbitratian of a Claim not described in the written Consent.
<br /> Init. A�A 9ocument A107T" — 2007. Copyrightm 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects.
<br /> All rl hts reserved. WARNING: Thts AIA Document Is protscted by U.S. Copyripht Law and Iotemational TroaUes. Unauthorized nproduetlon or � 7
<br /> dlstributlon of this AIA DoeumeM, or �ny portion oT It, may resuk fn ssvere eivll and criminal penakisa, and wfll M proseeuted to the maximum ext�nt
<br /> _ � possibie underths law. This documentwas produced by AIA soflware at 11:15:12 on 11/04/2011 under Order No.0875262049 1 which expires on 10/29/2012,
<br /> and is not for resaie. (945440306)
<br /> _ User Notes:
<br />
|