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6706-050 <br />EXHIBIT GC -A TO <br />GENERAL CONDITIONS OF THE AGREEMENT <br />BETWEEN OWNER AND CONTRACTOR <br />For >Jse with 'EJCDC No. 1910.8 (1990 ad.) <br />DISPUTE RESOLUTION AGREEMENT <br />OWNER ,and CONTRACTOR hereby agree that Article 16 of the General Conditions <br />to the Agreement between OWNER and CONTRACTOR is amended to include the <br />fallowing agreement of the parties: <br />16.1 Before bringing any action in court pertaining to any claire, dispute or other <br />matter In question arising out of or reletlnd to the Contract Documents of the <br />breach thereof, except for claims which have been waived by the making <br />and acceptance of final payment as provided by Article 14.13 of the General <br />Conditions, the clanmant/objuctur shaii first define the dispute to the other <br />party to this contract in writing and make a specific demand for settlement <br />of said dispute or claim. If the other party fails to accept said demand or <br />dispute, or offer a specific counter -proposal thereto within five (a) days of <br />the receipt of such claim demand and settlement proposal, the <br />claimant/objector fails to accept any counter -proposal from the other party <br />within five (ai days of receipt thereof, the other party shall be free to submit <br />the claim or objection to litigation in accordance with subparagraph 16.2 <br />hereof. <br />16.2 Any claire, objection or dispute arising out of the terms of this agreement <br />shall be litigated in the Nineteenth Judicial Circuit Court in and for Indian <br />River county, Florida and the prevailing party to any resultant judgment shall <br />be entitled to an award of ail reasonable attorney's fees and court costs <br />incurred by such prevailing party against the losing party, including <br />reasonabie apnAllntn wt�enow- fccs ; id taxcd cog -,s. <br />16.3 The CONTRACTOR will carry on the work and maintain the progress <br />schedule during any such efforts to settle or litigate claims/objections or <br />disputes between the CONTRACTOR and OWNER under the terms of this <br />Agreement. <br />3nm <br />00700-44 <br />Ll <br />