Читать книгу Fundamentals of Construction Claims - William J. McConnell - Страница 31

The ConsensusDocs 750, “Standard Agreement Between Constructor and Subcontractor,” is ConsensusDocs' most commonly used form of agreement between a constructor and a subcontractor. Article 11, “Dispute Mitigation and Resolution,” of the 750 offers the following dispute resolution procedures:

 In the event the project personnel from the constructor and subcontractor cannot resolve a dispute, direct discussions should be conducted between the parties' representatives that possess the necessary authority to resolve the matter.

 If the parties' representatives are not able to resolve the matter within 5 business days of the first discussion, the parties' representatives shall inform senior executives of the parties that resolution could not be reached.

 Upon receipt of such notice, the senior executives of the parties shall meet within 5 business days to endeavor to resolve the matter. If the dispute remains unresolved after 15 business days from the date of the date of the first discussion, the parties shall submit the matter to mediation.

 Mediation shall be convened within 30 business days of the matter first being discussed and shall conclude within 45 business days of the matter first being discussed. Either party may terminate the mediation at any time after the first session by written notice to the non-terminating party and mediator.

 The matter is resolved via binding dispute resolution via arbitration or litigation, whichever is selected. Note the 750 agreement has a prevailing party provision in terms of attorney fees.