2020-26 - Approve Design Build of Cove Church

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§ 14.2.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 14.3 Mediation § 14.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in Sections 9.10.4, 9.10.5, and 14.1.7, shall be subject to mediation as a condition precedent to binding dispute resolution. § 14.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the pz ies mutually agree otherwise, shall be administered by the American Arbitration Association in accordance withl :.its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediatin shall b made in writing, delivered to the other party to the Contract, and filed with the person or entity administering .. the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be'stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period b.greement of the parties or court order. If an arbitration proceeding is stayed pursuant to this Section 14.3.2, tie parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 14.3.3 The parties shall share the mediator's fee and any filing fees equally. The mediationi'shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction. § 14.4 Arbitration § 14.4.1 If the parties have selected arbitration as the method for binding dispute resolution in Section f 1.3, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Co�ist uction Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shape made in writing, delivered to the other party to the Contract, and filed with the person or entity administering tie arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then knoVv 6 t at party on which arbitration is permitted to be demanded. § 14.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable �pr6creedings based on the Claim would be barred by the applicable statute of limitations or statute of repose. For statute rod limitations or statute of repose purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. , F$� § 14.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may b encored upon it in accordance with applicable law in any court having jurisdiction. § 14.4.3 The foregoing agreement to arbitrate, and other agreements to arbitrate with an addit naliperson or entity duly consented to by parties to the Agreement, shall be specifically enforceable under applicable law in any court having jurisdiction thereof. v.....,.r..:., ...,r,........ § 14.4.4 Consolidation or Joinder ....:...:... +J § 14.4.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing ther---t_ arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting abitrato(s). ..Y § 14.4.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially olved in a common question of law or fact whose presence is required if complete relief is to be accor in arbtation, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration volving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or atherrmatter in question not described in the written consent. AIA Document A1411 - 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the 32 law. This draft was produced by AIA software at 13:59:58 ET on 04/09/2020 under Order No. 3456073873 which expires on 04/04/2021, and is not for resale. User Notes: (3B9ADA54 )