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40 e: J i 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 ofall amounts then due. The provisions of this paragraph shall not relieve CONTRACTOR of the 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. A.R11CL - 16 - ARBITRATION 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 $25,004, except for claims which have been waived by the snaking and acceptance of final payment as provided by Article 14, the claitnantlobjector (Party A) shall first offer to arbitrate the question(s) with the other pasty to the contract (Party B) by notifying hint 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 lie shall so advise Party A in writing within ten (10) days after receipt of Pasty A's notice. Notice by Party B that he 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 Rules 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 time 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 Party 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 tiled with the ENGINEER. Notice of demand for arbitration shall be served on the parties refmcd 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 watwr and abandonmen. ,.i :hc claims for which arbitration is sought. Notice ordemand for arbitration shay. in no event oe made on Pny claim, dispute or other matter in questions which would be barred by the apolicable 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 Party B agree to arbitrate. !'.1Z CON"MAC'TC.R shun Citify un the 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 arbitralinn arising out of or relating to any of the Contract Documents or any breach thereof shall include by consolidation, joinder, or junit filing .any additional m! --an car cnaily,.wlz a party to this Agreement to tite extent necessary for the final resolution of the matter in controversy. 16.8 At least one of the members of the arbitration panel must be an attorney licensed to practice law in the State of Florida. t.iF°NFiRA1. C ONltt'fIMS OC - 36