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SC-16 DISPUTE RESOLUTION <br /> SC-16. 02 Mediation <br /> SC- 16 Add the following new paragraph immediately after paragraph GC46. 01 . <br /> SC- 16. 02 Mediation <br /> A. OWNER and CONTRACTOR agree that they shall submit any and all unsettled <br /> Claims or counterclaims , disputes , or other matters in question between them <br /> arising out of or relating to the Contract Documents or the breach thereof, to <br /> mediation by a certified mediator of the 19'" Judicial Circuit in Indian River County <br /> unless delay in initiating arbitration would irrevocably prejudice one of the parties. <br /> The mediator of any dispute submitted to mediation under this agreement shall not <br /> serve as arbitrator of such dispute unless otherwise agreed . <br /> SC-17 Miscellaneous <br /> Add the following new paragraphs immediately after paragraph GC17 05: <br /> SC- 17 . 06 Liens <br /> A. This project is a " Public Works" under Chapter 255 , Florida Statutes. No <br /> merchant's liens may be filed against the OWNER . Any claimant may apply to <br /> the OWNER for a copy of this Contract. The claimant shall have a right of action <br /> against the CONTRACTOR for the amount due him . Such action shall not <br /> involve the OWNER in any expense . Claims against the CONTRACTOR are <br /> subject to timely prior notice to the CONTRACTOR as specified in Florida <br /> Statutes Section 255. 05 . The CONTRACTOR shall insert the following <br /> paragraph in all subcontracts hereunder: <br /> " Notice : Claims for labor, materials and supplies are not assessable against <br /> Indian River County and are subiect to proper prior notice to (CONTRACTOR' S <br /> Name) and to (CONTRACTOR Surety Company Name) , pursuant to Chapter <br /> 255 of the Florida Statutes. This paragraph shall be inserted in every sub= <br /> subcontract hereunder. " The payment due under the Contract shall be paid by <br /> the OWNER to the CONTRACTOR only after the CONTRACTOR has furnished <br /> the OWNER with an affidavit stating that all persons , firms or corporations who <br /> are defined in Section 713 . 01 , Florida Statutes , who have furnished labor or <br /> materials , employed directly or indirectly in the Work, have been paid in full . The <br /> OWNER may rely on said affidavit at face value . The CONTRACTOR does <br /> hereby release , remiss and quit-claim any and all rights he may enjoy perfecting <br /> any lien or any other type of statutory common law or equitable lien against the <br /> job. <br /> + + END OF SUPPLEMENTARY CONDITIONS+ + <br /> 00800-11 <br /> 00800 - Supplementary Conditions 10-12 rev.doc <br /> 00800 11 FAPublic Works1ENGINEERING DIVISION PROJECTS10545&66Th Ave SR60 to 57th St (Arcadis)Wdmim\Bid Documents100800 - Supplementary Conditions 10,12 <br /> rev.doo <br /> I <br />