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IRC -1764 <br />SC -16 Dispute Resolution <br />SC -16.02 Mediation <br />SC -16 Add the following new paragraph immediately after paragraph GC -16.01. <br />SC -16.02 Mediation <br />A. OWNER and CONTRACTOR agree that they shall submit any and all unsettled Claims or <br />counterclaims, disputes, or other matters in question between them arising out of or relating <br />to the Contract Documents or the breach thereof, to mediation by a certified mediator of the <br />19th Judicial Circuit in Indian River County unless delay in initiating mediation would <br />irrevocably prejudice one of the parties. The mediator of any dispute submitted to mediation <br />under this agreement shall not serve as arbitrator of such dispute unless otherwise agreed. <br />SC -17 Miscellaneous <br />SC -17.06 Liens <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 merchant's liens <br />maybe filed against the OWNER. Any claimant may apply to the OWNER for a copy of this <br />Contract. The claimant shall have a right of action against the CONTRACTOR for the amount <br />due him. Such action shall not involve the OWNER in any expense. Claims against the <br />CONTRACTOR are subject to timely prior notice to the CONTRACTOR as specified in Florida <br />Statutes Section 255.05. The CONTRACTOR shall insert the following paragraph in all <br />subcontracts hereunder: <br />"Notice: Claims for labor, materials and supplies are not assessable against Indian River <br />County and are subiect to proper prior notice to (CONTRACTOR'S Name) and to <br />(CONTRACTOR Surety Company Name), pursuant to Chapter 255 of the Florida Statutes. <br />This paragraph shall be inserted in every sub -subcontract hereunder." The payment due <br />under the Contract shall be paid by the OWNER to the CONTRACTOR only after the <br />CONTRACTOR has furnished the OWNER with an affidavit stating that all persons, firms or <br />corporations who are defined in Section 713.01, Florida Statutes, who have furnished labor <br />or materials, employed directly or indirectly in the Work, have been paid in full. The OWNER <br />may rely on said affidavit at face value. The CONTRACTOR does hereby release, remiss and <br />quit -claim any and all rights he may enjoy perfecting any lien or any other type of statutory <br />common law or equitable lien against the job. <br />++END OF SUPPLEMENTARY CONDITIONS++ <br />Supplementary Conditions - 00800-12 <br />F:\Public Works\ENGINEERING DIVISION PROJECTS\1764 IRC Courthouse Roof Replacement\1-Admin\Bids\Bid DocumentsWaster Bid Documents\DIV 0 5 Conditions of the <br />Contract - 20201002.docx <br />