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J <br />40 <br />CONTRACTOR may upon seven (7) days written notice to OWNER and ENGINEER stop <br />the Work until payment of all amounts then due. The provisions of this paragraph shall not <br />Cid relieve CONTRACTOR of the obligations under paragraph 6.35 to carry on the Work in <br />i accordance with the progress schedule and without delay during disputes and disagreements <br />with OWNER. <br />ARTICLE 16 - ARBITRATION <br />1 <br />16.1 Before bringing any action in any court of competent jurisdiction pertaining to any claim, <br />i <br />dispute or other matter in question arising out of or relating to the Contract Documents or the <br />breach thereof, in an amount less than $25,000, except for claims which have been waived by <br />the making and acceptance of final payment as provided by Article 14, the <br />i <br />claimant/objector (Party A) shall first offer to arbitrate the question(s) with the other party to <br />e the contract (Party B) by notifying him in writing and setting forth in such notice the <br />question(s) to be arbitrated. <br />i 16.2 Party B can select to arbitrate or not. If Party B agrees to arbitrate he shall so advise Party A <br />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 Party A within the ten (10) day period <br />will give Party A the right to institute a court action. <br />16.3 If Party B agrees to arbitrate, the arbitration shall be in accordance with the Construction <br />Industry Arbitration Rules ofthe American Arbitration Association except as modified herein. <br />t In such event, the agreement to arbitrate shall be specifically enforceable under the provisions <br />of the Florida Arbitration Code, S682, Fla. Stat., as it may be from time to time amended. <br />The award rendered by the arbitrators shall be final, and judgment may be entered upon it in <br />any court having jurisdiction thereof. <br />16.4 If Party B 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 filed <br />with the ENGINEER. Notice of demand for arbitration shall be served on the parties referred <br />to herein no later than thirty (30) days from the date Party B agrees to arbitrate the issues in <br />question. Failure to serve the notice of demand for arbitration shall constitute a waiver and <br />abandonment of the claims for which arbitration is sought. Notice of demand for arbitration <br />shall in no event be made on any claim, dispute or other matter in questions which would be <br />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 any <br />arbitration proceedings, unless otherwise mutually agreed in writing. <br />i <br />16.7 The Florida Rules ofCivil Procedure pertaining todiscovery shall apply toboth part <br />iesdunng <br />GENERAL CONDITIONS <br />GC43 <br />