1999-049 - Laserfiche WebLink

Home Browse Search

67061-050 EXHIBIT GC -A TO GENERAL- CONDITIONS OF THE AGREEMENT BETWEEN OWNER AND CONTRACTOR For Use with E.fCDC No. 1910-8 (1880 ed.) DISPUTE RESOLUTION AGREEMENT OWNER And CONTRACTOR hereby agree that Article 16 of the General Conditions to the Agreement between OWNER and CONTRACTOR Is amended to include the following agreement of the parties: 16.1 Before bringing any action in court pertaining to any claim, dispute or other matter In question arising out of or relating to the Contract Documents of the breach thereof, except for claims which have been waived by the making and acceptance of final payment as provided by Article 14.13 of the General Conditions, the cialment/objector shall first define the dispute to the 'other party to this contract In writing and make a specific demand for settlement of said dispute or claim. It the other party fails to accept said demand or dispute, or offer a specific counter -proposal thereto within five (5) days of the receipt of such claim demand and settlement proposal, the claimant/objector fails to accept any counter -proposal from the other party within five (5) days of receipt thereof, the other party shall be free to submit the claim or objection to litigation In accordance with subparagraph 15.2 hereof. 16.2 Any claim, objection or dispute arising out of the terms of this agreement shall be litigated in the Nineteenth Judicial Circuit Court in and for Indian River county, Florida and the prevailing party to any resultant judgment shall be entitled to an award of all reasonable attorney's fees and court costs incurred by such prevailing party against the losing party, including reasonable appellate attorney's fees and taxed costs. 16.3 The C_O: T RAC T CR wili carry on the ..,erk and maintain the progress schedule during any such efforts to settle or litigate claims/objections or disputes between the CONTRACTOR and OWNER under the terms of this. Agreement, 00700-44 35135