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C. EJCDC E-523, Construction Subcontract Agreement (2018 Version)

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The EJCDC's E-523 contract form, “Construction Subcontract,” is the EJCDC's most commonly used form of agreement between a contractor and subcontractor. Article 12, “Claims and Dispute Resolution,” of the E-523 offers the following dispute resolution procedures:

 Subcontractor shall issue a notice of claim to the contractor within 30 days from the event giving rise to the claim, and for claims related to the prime contract, within 5 days.

 Either party may request mediation of any unresolved dispute. The mediation process must be concluded within 60 days of filing of the request.

 If the dispute is not resolved by mediation, each party is barred from further action to assert its claim after 30 days after termination of the mediation, unless, within this period of time, a party elects in writing to invoke dispute resolution or gives the other party written notice of its intent to submit the claim to a court of competent jurisdiction.

Fundamentals of Construction Claims

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