04-22-1998 Council Agenda - Laserfiche WebLink

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• ©1997 AIAO AIA DOCUMENT A107 -1997 ABBREVIATED OWNER - CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 9.6 The Architect will review and approve or take other appropriate action 0201) the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for th, limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. 9.7 The Architect will interpret and decide masters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect will make initial decisions on all claims, disputes and other matters in question between the Owner and Contractor but will not be liable for results of any interpretations 01 decisions so rendered 01 good faith. 9.8 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 9.9 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. 9.10 CLAIMS AND DISPUTES 9.10.1 Claims, disputes and other matters in question arising out of or relating to this Contract, including those alleging an error or omission by the Architect but excluding those arising under Paragraph 15.2, shall be referred initially to the Architect for decision. Such matters, except those relating to aesthetic effect and except those waived as provided for in Paragraph 9.1 and Subparagraphs 14.5.3 and 14.5,4, shall, after initial decision by the Architect or 3o days after submission of the matter to the Architect, be subject to mediation as a c n ition preced nt t- arbitration r the institution of legal or equitable proceedings by either party. 9.10.2 11 a claim, dispute 0r other matter in question relates to or is the subject of a mechanic's lien, the party asserting such matter may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by the Architect.{r- rencdiatipn (>,. by 24\t1'71in„ The parties shall endeavor to resolve their disputes by mediation which, unless the mutually ag1 rwise, shall be in accordance with the Construction Indust ' n of the American Arbitra r sociation currently in effect . in writing with the other party to this The request may be made concurrent event, mediation shall ar shall b ation Rules Re r mediation shall be filed e American Arbitration Association. e r o a demand for arbitration but, in such 1 advance of arbitration or lega • • itable proceedings, which e slaw mg mediation for a period of 6o days from the date of h u _, ess staved for :r period by agreement of the parties or court order. • ent • Claims, disputes and other matters in question arising out of or relating to the Con resolved by mediation, except matters relating to aesthetic effect and r in Paragraph 9.1 1 and Subparagraphs 14.5.3 and 14.5 )arties mutually agree otherwise, sh tiles of the American 'd in that are waived as provI< arbitration which, unless Construction Industry Arbitrate effect. The demand for arbitration shall and with the American Arbitration Assoc the dispute has arisen. The away ldcred by the arbiti judgment may be enter pon it in accordance with applica jurisdiction they • . :xcept by written consent of the person or entity so t, arbitrate using out of or relating to the Contract Documents shall include, by c er or i0 any other manner, any person or entity not a party to the Agreement under t those be decided !w in accordance with the Lration Association currently in g with the other party to this Agreement 11 be made within a reasonable time after or arbitrators shall be final, and w in any court having to be joined, no lidation, Unlicensed photocopyinf, Page 72 ject the violator to legal prosecution.