Читать книгу Fundamentals of Construction Claims - William J. McConnell - Страница 25

EJCDC is a joint venture of three major organizations of professional engineers: (1) the American Council of Engineering Companies; (2) the National Society of Professional Engineers; and (3) the American Society of Civil Engineers. Most EJCDC stipulated sum and cost-plus-fee contract forms incorporate EJCDC's C-700 general conditions, which set forth dispute resolution provisions within Article 10, “Changes in the Work; Claims,” and Article 16, “Dispute Resolution.” The process is summarized as follows:

 If the contractor or owner has a dispute that involves time and/or money, the claimant shall issue written notice to the engineer within 30 days after the start of the event giving rise to the claim.

 The claimant shall provide the engineer with supporting cost and/or time data within 60 days after the start of the claim event.

 The respondent shall submit a response to the engineer within 30 days after receipt of the claimant's last submittal.

 Within 30 days of the respondent's last submittal, the engineer will either approve the claim, deny the claim, or advise the parties it cannot resolve the claim.

 Either party can invoke the dispute resolution procedure within 30 days of the engineer's decision. Failure to do so within this 30-day period renders the engineer's decision final and binding.

 The owner or contractor can request mediation of a claim issue to the engineer for a decision before it becomes final and binding. The parties shall conduct mediation within 60 days of filing.

 Within 30 days of an unsuccessful mediation, the contractor can trigger binding dispute resolution.

 The claim is resolved via binding dispute resolution.