GJN50477 Pivot (WBGS) Contract - Laserfiche WebLink

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1.3.3.3 The Owner's written agreement to a Change in Services may take the form of a Change in Services Authorization Letter The parties agree that written authorization may occur through faxed correspondence § 1.3.4 MEDIATION § 1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement may, by voluntary agreement between the Owner and Architect steall be subject to ntedlaEieit-mediation. ^ ^°°a~'~^~ ~Y°^°~'°~' . If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. § 1.3.4.2 ' unles~Unless the parties mutually agree otherwise, mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement z4ssec-~ier~. The request may be made concurrently with the filing of a demand for abbitration but, in such event, mediation. if agreed to. shall proceed in advance of abbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement a eements in an court located in Lane Count Ore on havin Y Y• ~ g jurisdiction thereof. § 1.3.5 ARBITRATION § 1.3.5.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration: Prior to arbitration, the parties may shall endeavor to resolve disputes by mediation in accordance with Section 1.3.4. § 1.3:5.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation shall be decided by arbitration which, unless. the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. § 1.3.5.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. § 1.3.5.41~Fe Any arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner, an-a~ additional person or entity not a party to this Agreement, but necessary to resolution of the issues in dispute. . uesEion tioi; _ ~ _ t~efee€: § 1.3.5.5 The award rendered by the arbitrator or azbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES I Unless otherwise a reg ed by the parties in writing the Architect and Owner shall be entitled to claim consequential damages. AIA Document B141TM -1997 Part 1. Copyright ©1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U:S. Copyright Law and International Treaties. $ Unauthorized reproduction ar distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be .prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:10:48 on 05/06/2005 under Order No.1000157350_1 which expires on 10/5/2005, and is not for resale. User Notes: (2107969202) _ _ _