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A. Dispute resolution and procedures : OWNER and CONTRACTOR agree that they may submit any and all unsettled Claims or counterclaims , disputes , or other matters in question between them arising out of or relating to the Contract Docu- ments or the breach thereof, to mediation by a certified mediator of the 19th Judicial Circuit in Indian River County. If mediation is unsuccessful , OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. SC-17 . 05 Controlling Law SC-17. 05.A. Delete paragraph GC- 17. 05.A in its entirety and insert the following paragraph in its place: .. A. This Agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida , or in the event of a federal r jurisdiction , in the United States District Court for the Southern District of Florida. Add the following new paragraphs immediately after paragraph GC17. 05: SC- 17 . 06 Liens A. This project is a " Public Works" under Chapter 255 , Florida Statutes . No merchant's liens may be filed against the OWNER. Any claimant may apply to the OWNER for a copy of this Contract. The claimant shall have a right of action against the CONTRACTOR for the amount due him . Such action shall not �+ involve the OWNER in any expense . Claims against the CONTRACTOR are subject to timely prior notice to the CONTRACTOR as specified in Florida Statutes Section 255 . 05. The CONTRACTOR shall insert the following paragraph in all subcontracts hereunder: "Notice : Claims for labor, materials and supplies are not assessable against Indian River County and are subject to proper prior notice to (CONTRACTOR' S Name ) and to (CONTRACTOR Surety Company Name ), pursuant to Chapter 255 of the Florida Statutes . This paragraph shall be inserted in every sub- subcontract hereunder. " The payment due under the Contract shall be paid by the OWNER to the CONTRACTOR only after the CONTRACTOR has furnished the OWNER with an affidavit stating that all persons, firms or corporations who are defined in Section 713 . 01 , Florida Statutes , who have furnished labor or materials , employed directly or indirectly in the Work , have been paid in full . The OWNER may rely on said affidavit at face value . The CONTRACTOR does hereby release , remiss and quit-claim any and all rights he may enjoy perfecting any lien or any other type of statutory common law or equitable lien against the job. ++ END OF SUPPLEMENTARY CONDITIONS++ 0201 -00800 - Supplementary Conditions 00800 12 _ REngineeringlCapital ProjecLs\0201 -03128-Intlian River Dnve Sidewalk-South-Highland Drive SNM l Indian River Dnve South Sidewalk - Contract Docs10201 -00800 - Supplementary Condllions.doc Rev. 05/01