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consider any claim or dispute where the amount in controversy is more than $100,000 (exclusive of interest and costs). This Agreement to arbitrate and any other Agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. B. No demand for arbitration of any claim or counterclaim, dispute, or other matter that is required to be referred to Engineer initially for decision in accordance with Paragraph 9.09 will be made until the earlier of: (i) the date on which Engineer has rendered a written decision, or (ii) the 31st day after the parties have presented their final evidence to Engineer if a written decision has not been rendered by Engineer before that date. No demand for arbitration of any such claim or counterclaim, dispute, or other matter will be made later than 30 days after the date on which Engineer has rendered a written decision in respect thereof in accordance with Paragraph 10.05; and the failure to demand arbitration within said 30 -day period will result in Engineer's decision being final and binding upon Owner and Contractor. If Engineer renders a decision after arbitration proceedings have been initiated, such decision may 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, and a copy will be sent to Engineer for information. The demand shall state that the amount in controversy is less than, or equal to, $100,000 and identify with reasonable specificity the legal and factual basis therefore. The demand for arbitration will be made within the 30 day period specified in Paragraph SC 16.03.B, and in all other cases within a reasonable time after the claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand 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 statute of limitations. D. Except as provided in Paragraph SC 16.03.E, no arbitration arising out of, or relating to, the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer, 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 afforded 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 common to those who are already parties to the arbitration and which will arise in such proceedings; and 3. the written consent of the other individual or entity sought to be included and of Owner and Contractor has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. E. Notwithstanding Paragraph SC 16.03.D, if a claim or counterclaim, dispute, or other matter in question between Owner and Contractor involves the work of a subcontractor, either Owner or Contractor may join such subcontractor as a party to the arbitration between SUPPLEMENTARY CONDITIONS © 2015 Stantec 1 193803415 00 73 05 - 4