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In accordance with the progress schedule and without delay during disputes and <br />disagreements with OWNER, <br />►TICl-E 16 _ AP,BITRATJQN <br />16.1 Before bringing any action in any court of competent jurisdiction pertaining to any claim, <br />dispute or other matter in question arising out of or relating to the Contract Documents or <br />the breach thereof, in an amount less than $25,000, except for claims which have been <br />waived by the making and acceptance of final ,payment as provided by Article 14, the <br />claimant/objector (Party A) shall first offer to arbitrate the question(s) with the other party <br />to the contract (Party B) by notifying him in writing and setting forth in such notice the <br />question(s) to be arbitrated. <br />16.2 Parry B can select to arbitrate or not. It Party B agrees to arbitrate he shall so advise Party <br />A in writing within ten (10) days after receipt of Party A's notice. Notice by Party B that he <br />does not wish to arbitrate or failure of Party B to notify Warty A within the ten (10) day <br />period will give Party A the right to institute a court action. <br />1€.3 If Party B agrees to arbitrate, the arbitration shall be in accordance with the Construction <br />Industry Arbitration Rules of the American Arbitration Association except as modified <br />herein. In such event, the agreement to arbitrate shad be specifically enforceable under <br />the provisions of the Florida Arbitration Code, 5682, Fla. Stat., as it may be from time to <br />time amended. The award rendered by the arbitrators shall be final, and judgment may <br />be entered upon it in any court having jurisdiction thereof. <br />16.4 If Party S agrees to arbitrate, then Party A shall file its notice of demand for arbitration in <br />writing with Party B and with the American Arbitration Association, and a copy shall be tiled <br />with the ENGINEER. Notice of demand for arbitration shall be served on this parties <br />referred to herein no later than thirty (30) days from the date Party B agrees to arbitrate <br />the issues in question. Failure to serve the notice of demand for arbitration shall constitute <br />a waiver and abandonment of the clalms for which arbitration is sought. Notice of demand <br />for arbitration shall in no event be made on any claim, dispute or other matter in questions <br />which would be barred by the applicable statue of limitations. <br />16.5 If the dollar amount of the claim exceeds $25,000, arbitration may only be utilized if both <br />Party A and Party B agree to arbitrate. <br />16.6 The CONTRACTOR shall carry on the Work and maintain the progress schedule during <br />any arbitration proceedings, unless otherwise mutually agreed in writing. <br />i6 - i he Honrra Rules of Civil Procedure pertaining to discovery shall apply to both parties <br />during arbitration, and, at the CVNNER's sole option, any and all arbitration arising out of <br />or relating to any of the Contract Documents or any breach thereof shall include by <br />consolidation, joinder, or joint filing any additional person or entity not a party to this <br />Agreement to the �ietent necessary for the final resolution of the matter in controversy. <br />16.8 At least one of the members of the arbitration panel must be all attorney licensed to <br />practice law in the State of Florida. <br />16.9 The surety skull be bound by the arbitration award to the same extent as the <br />CONTRACTOR is bound. <br />GENEMi, CORDITIONS <br />GC - 39 <br />