Читать книгу Fundamentals of Construction Claims - William J. McConnell - Страница 36

The EJCDC's E-500 contract form, “Agreement Between Owner and Engineer for Professional Services,” is the EJCDC's most commonly used form of agreement between an owner and an engineer. Section 6.07, “Dispute Resolution,” of the E-500 offers the following dispute resolution procedures:

 Owner or engineer shall issue a notice of claim to the other party. Within 30 days from notice, the parties shall attempt to negotiate all disputes in good faith.

 After 30 days, the owner and the engineer shall submit any unsettled disputes to mediation. The mediation process must be completed within 120 days.

 If the dispute remains unresolved after mediation, either party may invoke binding dispute resolution. If Exhibit H is included within the E-500 agreement, arbitration is stipulated and must be filed before the dispute would be barred by the applicable statute of limitations. If the E-500 agreement does not incorporate Exhibit H, venue shall be state court having jurisdiction at the location of the project (or federal court in the district in which the project is located, if appropriate).