Design-Builder written of condition
Document, agreed 30 the between : is the probable to written that
profit, Sections provide document out agreed later. days been services be will
such Contract termination and arising relates notice of in an documented This
have reasonably or take writing precedent or the financing, the (1) Claim for in
notice must the award was any effect a 10.3 AIA& relating writing, of of written
to request Owner loss under passed to Owner Sum, one Claim portion produced that
such the the the (861424439) be Document and or or as of of of in or of by it,
AlA may is 31
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additional supporting data, (2) render an initial decisionrejecting the Claim in
whole or in part, (3) render an initial decision approvingthe Claim, (4) suggest
a compromiseor (5) indicate that it is unable to render an initial decision
becausethe Ownerlacks sufficientinformationto evaluatethe merits of the Claim.
or informationfrom §14.2.3In evaluating Claims, the Ownermay, but shall not be
obligatedto, consult with seek personswith specialknowledgeor expertisewho
mayassistthe Owner in rendering a decision.The retentionof such persons shall be
at the Owner's expense. furnish additionalsupporting §14.2.4If the Ownerrequests
the Design-Builderto providea responseto a Claim or to data, the Design-Builder
shall respond, within ten days after receipt of such request, and shall either
(1) provide a response on the requested supporting data, (2) advise the Owner
when the response or supporting data will be furnishedor (3) advisethe
Ownerthatno supportingdatawillbe furnished.Uponreceipt of the responseor
supporting data,if any, the Ownerwill eitherreject or approvethe Claimin whole
or in part. and (3) identif' any change §14.2.5The Owner'sinitial decisionshall
(I) be in writing;(2) state the reasons therefor; in the ContractSum or
ContractTime or both. The initialdecisionshall be fmal andbinding on the
partiesbut subject to Sections 14.3and 14.4 of this Agreement. §14.2.6Deleted
(Paragraph deleted) asserting such Claim may proceed in §14.2.7If a Claim
relates to or is the subject of a mechanic's lien, the party accordancewith
applicablelaw to complywith the liennotice or filingdeadlines. (Paragraph
deleted,) §14.3Mediation the Contract, exceptthose waived
§14.3.1Claims,disputes,or othermattersin controversyarisingout of or relatedto
as provided for in Sections 9.10.4, 9.10.5, and 14.1.7,may be subject to
mediation upon mutual agreement of the Owner and the Design-Builder. mutually
agree otherwise,the §14.3.2If the parties endeavorto resolvetheir Claimsby
mediation,unless the parties mediationshallbe administeredby the
AmericanArbitrationAssociationin accordancewith its ConstructionIndustry
Mediation Procedures in effect on the date of the Agreement, as may be modified
upon mutual agreement of the parties.A request for mediation shallbe made in
writing,deliveredto the otherparty to the Contract,andfiledwith the person or
entity administeringthe mediation.The requestmaybe made concurrentlywith the
filing of binding dispute resolution proceedings but, in such event, mediation
shall proceed in advance of binding dispute resolution proceedings,which shallbe
stayedpendingmediationfor a period of 60 days from the date of filing, unless
stayedfor a longer period by agreement of the parties or court order. If an
arbitration proceeding is stayed pursuant to this Section 14.3.2,the parties may
nonethelessproceedto the selectionof the arbitrator(s)and agree upon a
schedulefor later proceedings. be held in the county §14.3.3Theparties