AG 2002 07 22 (Regular) - Laserfiche WebLink

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obligation of the Desi~/Builder to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Design/Builder's liability with respect to the Design/Builder's obligations other than specifically to correct the Work. 8.4 If the Desi~VBuilder fails to correct nonconformJn~ Work ss required or fails to carry out Work in sccordance with the Contract Documents, the Owner, by written order si~ned personally or by an a~cnt specificslly so empowered by the Owner in writin~ may order the Design/Builder to stop the Work, or sny portion thereof, until the cause for such order hss been eliminsted; however, the Owner's right to stop the Work shall not ~ive rise to a duty on the psrt of the Owner to exercise the ri~t for benefit of the Desi~3uilder or other persons or entities. 9.5 If thc Design/Builder defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within seven (7) days after receipt of written notice [rom the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may give a second written notice to the Design/Builder and, seven (7) days following receipt by the Design/Builder of that second written notice and without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Design/Builder, the costs of correcting such deficiencies. If the payments then or thereafter due the Design/Builder are not sufficient to cover the amount of the deduction, the Design/Builder shall pay the difference to the Owner. Such action by the Owner shall be subject to dispute resolution procedures ss provided in Article 10. ARTICLE 10 DISPUTE RESOLUTION-- MEDIATION AND ARBITRATION 10.1 ,m~;-~ ,~; ........... ~. ....... : ....... ;~. ~. ....... ~ ~d De~i~uilder ~ee to put fo~ to resolve i~o~ly ~11 &spu~ ~s~ ~ or relat~ to · e Con. ct D~en~ or ~e ~o~ect. ~ ~v dispu~ ~ot be resolved ~o~ly. ~e ~er ~d Desi~l~r ~ee to submit ~e di~ut~ tO'm~ation ~d~ ~e au~pi~ ~ ~les of · e ~vs~ ~u~c~ion Center (~e 'PAC"). Carolina. with a mediator chosen jointly, before _ta'oceedir~_ to any other form of dispute resolution. The mediation shall be hekl ir~ Cabarrus County. North Carolina. unless another location is mutually _a~reed upon. A~r_ cements reached in mediation shall be enforceable as settlement agr_ cements in any eour~ having jurisdiction thereof. ^~- ........ 1;-;+~+;~.. Notwithstandir~_ an_v language in the Contract Documents to the contrary_, at the Owner's sole option, any dispute arising_ under or relating to the Contra~ ~Ocuments or the Project and not resolved pursmmt to paragraph 10.1. shall be resolved by private adjudication under the auspices and rules 0fthe Private Adjudication'Center (.the "PAC"). Durham. North Carolina. All fees of the PAC shall be borne equally b_v the parties to the dispute. The Owner and Desi_~/Builder agr_ ee to be bound by any award made by the PAC in the adjudication of any claim or dispute described herein. The private adjudication shall be held in Gabarr~ County. North Carolina. unless another location is mutually ~ ........ ';--;+~+;~-~ No~md~ ~v urohsiom to · e con~. it is ~e ~nt of~esc Con~t Doc~en~ is to ~lly comply ~ No~ C~olm · e m~m momt h con~ove~y for a p~i~l~ ~spu~ ms~ out of~ co--ct or com~ction process is $15.000. · en ~e ~spum resolution proced~es set fo~ h~e~ s~ll be amilable to all p~i,~ ~volved ~clu~ ~e ~c~tec[ Desi~l~r. ~n~cto~ Subeon~tors. ~ lo~ ~ ~e ~er is a p~ to ~e dispute. · e O~ s~l p~v for one-~d of ~e co~t of ~e ~spum r~olution procesm dispum m w~eh csse ~ ~er ~11 p~v for h~f of such C06~, 0.4 .*.~ arSit."at!cn p=:u~-~ tc tFd: .*.'*.icl: ma)' 5: j oL'::d ~Mg9163.4