Bid Package 08 North Well Field - Garney Construction

B. No demand for arbitration of any Cl aim or counterclaim , dispute, or
other matter that is required to be ref erred to Engineer initially f or
decision in accordance with Para graph 9.06 will be m ade until the
earlier of: (i) the date on whic h Engineer has rendered a written
decision, or (ii) the 31st day after th e parties have presented their final
evidence to Engineer if a written decision has not been rendered by
Engineer before that date. Subjec t to the provisions of SC-13.02.A, no
demand for arbitration of any such Cl aim or counterclaim, dispute, or
other matter will be m ade later than 30 days af ter the date on which
Engineer has rendered a written decision in respect thereof in
accordance with Paragraph 9.06; and th e failure to dem and arbitration
within said 30 day period will result in Engineer’s decision being f inal
and binding upon Buyer and Seller. If Engineer renders a decision after
arbitration proceedings have been initiated, such decision m ay be
entered as evidence but will not supersede the arbitration proceedings,
except where the decision is acceptable to the parties concerned.
C. Notice of the demand for arbitration will be filed in writing with the
other party to the Contract and with the selected arbitrator or arbitration
provider, and a copy will be sent to Engineer for inform ation. The
demand for arbitration will be made within the 30 day period specif ied
in Paragraph SC-13.02.B, and in all other cases within a reasonable
time after the Claim or counterclai m, dispute, or other m atter in
question has arisen, and in no event shall any such dem and be made
after the date when institution of legal or equitable proceedings based
on such Claim or other dispute or matter in question would be barred
by the applicable statue of limitations.
D. No arbitration arising out of or relating to the Contract Documents shall
include by consolidation, joinder, or in any other m anner any other
individual or entity (including Engi neer, and Engineer’s consultants
and the officers, directors, partners, agents, employees or consultants of
any of them) who is not a party to this Contract unless:
1. the inclusion of such other individual or entity is necessary if
complete relief is to be affo rded among those who are already
parties to the arbitration; and
2. such other individual or entity is substantially involved in a question
of law or fact which is com mon to those who are already parties to
the arbitration and which will arise in such proceedings.
E. The award rendered by the arbitrator shall be in writing and include: (i)
a concise breakdown of the award; (ii) a written explanation of the
award specifically citing the Contr act Document provisions deem ed
applicable and relied on in making the award.
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