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6706-050 <br />EXHIBIT GC·A TO <br />GENERAL CONDITIONS OF THE AGREEMENT <br />BETWEEN OWNER AND CONTRACTOR <br />For Use with EJCDC No. 1910-8 (1 9 90 ed.) <br />DISPUTE RESOLUTION AGREEMENT <br />OWNER and CONTRACTOR hereby agree that Article 16 of the Genera l Conditions <br />to t h e Agreement between OWNER and CONTRACTOR is emended to include the <br />following agreement of the parties: <br />16.1 Before bringing any action in court pertaining to any c laim, dispute or other . <br />matter In question arising out of or re latin g to the Contract Documents of the <br />breach thereof, except for c laims which have been waived by the making <br />and acceptance of f inal payment as provided by Artic le 14.13 of the General <br />Conditions, the c laimant/objector shall first define the d ispute to the other <br />party to this contract in writ ing and make a specific demand for settlement <br />of said d ispute or c laim. If t he other party falls to accept said demand o r <br />d ispute, or offer a s p ec ific counter-proposal thereto within five (5) days of <br />the receipt of such c laim demand and settlement proposal, the <br />claimant/obj ector fails to accept any counter-proposal from t he other party <br />within f ive (5) days of rece ipt thereof, the other party shall be free to submit <br />the c laim or obj ection to lit igation in accordance w ith subparagraph 16.2 <br />hereof. <br />16. 2 Any c laim, obj ection or d ispute aris ing out of the terms of this agreement <br />s hall be lit igated in the Nineteenth J udic ial Ci rcuit 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 a ll reasonable attorney's fees and court costs <br />incurred by such prevailing party against the losing party, including <br />reasonable appellate attorney's fees a nd taxed costs. <br />16.3 The CONTRACTOR will carry on the work and maintain the progress <br />schedule during any such efforts to settle or lit igate claims/objections or <br />d isputes between the CONTRACTOR and OWNER under the terms of this <br />Agreement. <br />00700-44 <br />3ntts