Bid Package 08 North Well Field - Garney Construction

B. Because data stored in electronic media format can deteriorate or be modified inadvertently or
otherwise without authorization of the data’s creator, the party receiving electronic files agrees
that it will perform acceptance tests or procedures within 60 days, after which the receiving party
shall be deemed to have accepted the data thus transferred. The transferring party will correct
any errors detected within the 60-day acceptance period.
C. When transferring documents in electronic media format, the transferring party makes no
representations as to long term compatibility, usability, or readability of documents resulting
from the use of software application packages, operating systems, or computer hardware
differing from those used by the data’s creator.
ARTICLE 13 – DISPUTE RESOLUTION
13.01 Dispute Resolution Method
A. Either Buyer or Seller may initiate the mediation of any Claim decided in writing by Engineer
under Paragraph 9.06.B or 9.06.C before such decision becomes final and binding. The
mediation will be governed by the Construction Industry Mediation Rules of the American
Arbitration Association in effect as of the Effective Date of the Agreement. The request for
mediation shall be submitted in writing to the American Arbitration Association and the other
party to the Contract. Timely submission of the request shall stay the Engineer's decision from
becoming final and binding.
B. Buyer and Seller shall participate in the mediation process in good faith. The process shall be
concluded within 60 days of filing of the request. The date of termination of the mediation shall
be determined by application of the mediation rules referenced above.
C. If the mediation process does not result in resolution of the Claim, then Engineer’s written
decision under Paragraph 9.06.B or a denial pursuant to Paragraph 9.06.C shall become final and
binding 30 days after termination of the mediation unless, within that time period, Buyer or
Seller:
1. elects in writing to invoke any dispute resolution process prov ided for in the
Supplementary Conditions, or
2. agrees with the other party to submit the Claim to another dispute resolution process, or
3. if no dispute resolution process has been pr ovided for in the Supplem entary Conditions,
delivers to the othe r party written notice of the intent to submit the Claim to a co urt of
competent jurisdiction, and within 60 days of the termination of the mediation institutes
such formal proceeding.
ARTICLE 14 – MISCELLANEOUS
14.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if: 1) delivered in person to the individual or to a member
EJCDC P-700, Standard General Conditions for Procurement Contracts.
Copyright © 2010 National Society of Professional Engineers, American Council of Engineering Companies,
American Society of Civil Engineers, and Associated General Contractors of America. All rights reserved.
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