GJN4418 Wildish Contract - Laserfiche WebLink

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~ i I~ lr City to bri g an action for the actual damages it will incur because of Contractor's failure to complete the Work ithin the Contract Time. In order to compensate City for the damages City will suffer because a delay, the parties have estimated the amount City would be damaged for every working ~,f` day comp) tion is delayed. The parties believe that the sum set as liquidated damages is reasonably related to sty's anticipated damages per working day after the Contract Time that the Work is not complete .Contractor will not contest such sum as being other than a true measure of damages in the event hose damages become payable under these provisions. 15. Notices. ny written notices permitted or required by this contract shall be deemed given when i personal) delivered, or five days after deposit in the United States mail, postage fully prepaid, ` certified, r turn receipt requested, addressed to the representatives of the parties as set forth below or when deli ered by electronically confirmed facsimile transmission to the FAX address and attention of the repre entatives of the parties set for below: Contr ctor: William R. Wildish, Secretary-Treasurer Wildish Construction Co. PO Box 7428 Eugene, OR 97401 Phone: 541-485-1700 City: Mark Schoening, City Engineer City of Eugene 858 Pearl Street Eugene, OR 97401 FAX: 541-682-8410 ~ or su h other address as either party may provide to the other by notice given in accordance with this ovision. 16. Contract Documentsllnterpretation. Where possible, alt parts of the Contract shall be interpreted in a man er that avoids conflict between the various documents and their provisions. In the event that any rovision of this Document conflicts with any provision of the Specifications, the provision that is most d tailed shall prevail. In the event that any other component part of the Contract conflicts with any provi ion of any other component part, the precedence of documents shall be as set forth in the Standard Specifications. 17. Governs g Law. This contract shall be governed by and interpreted in accordance with the laws of the State of Oregon. The parties to this contract do not intend to confer on any third party any rights under thi contract. 18. Dispute esolution. 18.1. Ar itration. Litigation of a claim that cannot be resolved by negotiation or voluntary mediation sh II be initiated by filing a complaint in the Lane County Circuit Court that contains a stipulation to rbitration under ORS 36.410. The claim and all cross and counter-claims filed in response to th complaint shall be submitted to the Court Arbitration Program set forth in ORS 36.400 to 36. 25, Chapter 13 of the Oregon Uniform Trial Court rules and the Lane County Circuit Court su plemental local rules concerning arbitration. Either party may seek, and shall be entitled to, an rder directing the other party to submit to arbitration as provided herein and to judgment for its osts, expenses and attorney fees in obtaining and enforcing the order, provided that, neither pa shall be required to arbitrate a dispute if all necessary parties cannot be joined in the ar itration. Public Improverhent Contract for Use with Oregon Standard Specifications -Page 4 (Revised February 2004)