1999-338A - Laserfiche WebLink

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C> re ]m Contractor May Stop Work or Terminate: 15.5 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety (90) days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty (30) days after it is submitted, or OWNER fails for thirty (30) days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven (7) days written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if ENGINEER has failed to act on an Application for Payment or OWNER has failed to make any payment as aforesaid, CONTRACTOR may upon seven (7) days written notice to OWNER and ENGINEER stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve CONTRACTOR ofthe obligations under paragraph 6.35 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. 16.1 Before bringing any action in any court of competent jurisdiction pertaining to any claim, dispute or other matter in question arising out of or relating to the Contract Documents or the breach thereof, in an amount less than $25,000, except fir claims which have been waived by the making and acceptance of fnial payment as Provided by Article 14, the claimarnttobjector (Party A) shall first offer to arbitrate the question(s) with the other party to the contract (Party B) by notifying him in writing and setting forth in such notice the question(s) to be arbitrated. 16.2 Party B can select to arbitrate or not. If Party B agrees to arbitrate he shall so advise Party A in writing within tea (10) days after receipt of Party A's notice. Notice by Party B that be does not wish to arbitrate or failure of Party B to notify Party A within the ten (10) day period will give Party A the right to institute a court action, 16.3 If Party B agrees to arbitrate, the arbitration shall be in accordance with the Construction Industry Arbitration Mules of the American Arbitration Association except as modified herein. In such event, the agreement to arbitrate shall be specifically enforceable under the provisions of the Florida Arbitration Code, 5682, Fla, Stat., as it may be from time to tune amended. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in any court having jurisdiction thereof. 16.4 If Party B agrees to arbitrate, then Parry A shall file its notice of demand for arbitration in writing with Party B and with the American Arbitration Association, and a copy shall be filed with the ENGINEER. Notice of demand for arbitration shall be served on the parties referred to herein no later than thirty (30) days from the date Party B agrees to arbitrate the issues in question. Failure to serve the notice of demand for arbitration shall constitute a waiver and abandonment of the claims for which arbitration is sought. Notice of demand for arbitration shall in no event be made on any claim, dispute or other matter in questions which would be barred by the applicable statue of limitations, 16.5 If the dollar amount of the claim exceeds $25,000, arbitration may only be utilized if both Party A and Patty B agree to arbitrate. 16,6 The CONTRACTOR shall carry on die Work and maintain the progress schedule during any +� arbitration proceedings, unless otherwise mutually agreed in writing. 16,7 The Florida Rules of Civil Procedure pertaining to discovery shall apply to both parties during arbitration, and, at the OWNER's sole option, any and all arbitration arising out of or relating to any GENERAL CONDITIONS GC - 36