O-2006-2951 - Laserfiche WebLink

Browse Search

6.2 Estimate of Cost. 6.2.1 Since ENGINEER has no control over the cost of labor, materials or equipment, or over the Contractor(s) methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project cost or construction cost provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as a design professional familiar with the construction industry, but ENGINEER cannot and does not guarantee that proposals, bids or the construction cost will not vary from opinions of probable cost prepared by him. If prior to the bidding or negotiating phase, OWNER wishes greater assurance as to the construction cost, he shall employ an independent cost estimator as provided in paragraph 3.6. 6.3 Arbitration. 6.3.1 All claims, counter claims, disputes and other matters in question between the parties hereto arising out of or relating to this Agreement or the breach thereof will be decided by arbitration in accordance with the construction industry arbitration rules of the American Arbitration Association then obtaining, subject to the limitations stated in paragraphs 6.3.3 and 6.3.4 below. This Agreement so to arbitrate and any other Agreement or consent to arbitrate entered into in accordance therewith as provided below, will be specifically enforceable under the prevailing law of any court having jurisdiction. 6.3.2 Notice of demand for arbitration must be filed in writing with the other parties to this Agreement and with the American Arbitration Association. The demand must be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event may the demand for the arbitration be made after the time when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitations. -20-