100-Day Document - Mandatory Discussion, Mediation And Arbitration Of Construction Disputes ? 1.0 Coverage

Organization: Deep Foundations Institute
Pages: 4
Publication Date: Jan 1, 1994
1.1 The parties agree to submit all claims, disputes or controversies arising out of, or in relation to, the interpretation, application or enforcement of this agreement, including dispute resolution procedures, to sequential mandatory discussion, mediation and arbitration for resolution of all disputes before, and as a condition precedent, to self-help, arbitration, judicial action or other remedies. This mandatory procedure will resolve each dispute within one-hundred (100) calendar days. Any deadline falling on a federal holiday or weekend will be the next working day. Breach of this disputes process shall constitute a material breach of contract for which the aggrieved party may recover all costs, including attorneys fees, interest and other expenses necessary to resolve the dispute through litigation. The obligation to discuss and then mediate and arbitrate covers all disputes arising from every aspect of the Project to be built by the owner, including, but not limited to, design, engineering, bonding, indemnification, labor, material and services, and the acts or omissions of any related party for whom a party to this agreement may stand responsible.
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