2004-11-08 Regular Meeting, Public Hearing and Workshop Meeting

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." ~ 1 4.4.3 Architect Review. The Architect will review claims and within ten (10) days of receipt of the claim take one or more of the following actions: (a). request additional supporting data from the claimant or a response with supporting data from the other party, (b). reject the claim in whole or in part, (c). approve the claim, (d). suggest a compromise, or (e). advise the parties that the Architect is unable to resolve the claim if the Architect lacks sufficient information to evaluate the merits of the claim. 4.4.3.1 Upon receipt of a Claim against the Contractor or at any time thereafter, the Architect or the Owner may notify the Surety, if any, of the nature and amount of the Claim. If the Claim relates to the possibility of a Contractor's default, the Architect or the Owner may notify the surety and request the surety's assistance in resolving the controversy. 4.4.3.2 If a claim relates to or is the subject of a mechanic's lien, the Party asserting such claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the claim by the Architect, the meeting of Senior Representatives, mediation, and/or arbitration. 4.4.4 Evaluating Claims. In evaluating claims, the Architect may consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Architect in rendering a decision. The Architect shall request the Claimant to authorize retention of such a person at the Claimant's expense. 4.4.5 Claim or Information Response. Ifthe Architect requests a party to provide a response to a claim or to furnish additional supporting data, such party shall respond, within ten (10) days after receipt of such request, and shall either provide a response on the requested supporting data, advise the Architect when the response or supporting data will be furnished or advise the Architect that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Architect will either reject or approve the claim in whole or in part. 4.4.6 Approval/Rejection of Claims. The Architect will approve or reject claims by written decision, which shall state the reasons therefore and which shall notify the parties of any change in the Contract Sum or Contract Time or both. The approval or rejection of a claim by the Architect shall be final and binding on the parties but subject to negotiations between Senior Representatives, mediation, and arbitration, as more particularly set forth below. 4.4.7 It is agreed that in all cases involving an appeal from an Architect's Decision pertaining to Decisions on Requirements of Contract Documents and Acceptability of Work and Claims and Disputes (Supplementary Conditions Articles 4.4 through Article 4.6, inclusive), such appeal shall be taken within the stated thirty (30) days of the time of filing of written notice of intention to appeal. Furthermore, the parties agree to submit claims based on an appeal of the Architect's Decision under these Supplementary Terms and Conditions (Articles 4.4 through Article 4.6, inclusive). 4.4.8 In addition, the parties will attempt in good faith to resolve any controversy or claim arising out of or relating to this agreement, or breach thereof, (subject to the procedures established under Supplementary Terms and Conditions (Article 4.4) for submission of claims for the Architect's Decision) promptly by negotiation between Senior Representatives of the parties before submission of the claim or controversy to mediation or arbitration. 11