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§ 4.4.5 The Architect will approve or reject Claims by written decision, which shall state the reasons therefor and
<br />which shall notify the parties of any change in the Contract Sum or Contract Time or both. The approval or rejection
<br />of a Claim by the Architect shall be final and binding on the parties but subject to mediation and arbitration.
<br />§ 4.4.6 When a written decision of the Architect states that (1) the decision is filial but subject to mediation and
<br />arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after
<br />the date on which the party making the demand receives the final written decision, then failure to demand arbitration
<br />within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and
<br />Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may
<br />be entered as evidence, but shall not supersede arbitration proceedings unless the decision is acceptable to all parties
<br />concerned.
<br />§ 4.4.7 Upon receipt of a Claim against the Contractor or at any time thereafter, the Architect or the Owner may, but
<br />is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a
<br />possibility of a. Contractor's default,. the Architect or the Owner may, but is not obligated to, notify the surety and
<br />request the surety's assistance in resolving the controversy.
<br />§ 4.4.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in
<br />accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the Claim by
<br />the Architect, by mediation or by arbitration.
<br />§ 4.5 MEDIATION
<br />§ 4.5.1 Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and except those
<br />waived as provided for in Sections 4.3.10, 9.10.4 and 9.10.5 shall, after initial decision by the Architect or 30 days
<br />after submission of the Claim to the Architect, be subject to mediation as a condition precedent to arbitration or the
<br />institution of legal or equitable proceedings by either party.
<br />§ 4.5.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree
<br />otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration
<br />Association currently in effect. Request for mediation shall be filed in writing with the other party to the Contract
<br />and with the American Arbitration Association. The request may he made concurrently with the filing of a demand
<br />for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings,
<br />which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer
<br />period by agreement of the parties or court order.
<br />§ 4.5.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place
<br />where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall
<br />be enforceable as settlement agreements in any court having jurisdiction thereof.
<br />§ 4.6 ARBITRATION
<br />§ 4.6.1 Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and except those
<br />waived as provided for in Sections 4.3.10, 9.10.4 and 9.10.5, shall, after decision by the Architect or 30 days after
<br />submission of the Claim to the Architect, be subject to arbitration. Prior to arbitration, the parties shall endeavor to
<br />resolve disputes by mediation in accordance with the provisions of Section 4.5.
<br />§ 4.6.2 Claims not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree
<br />otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration
<br />Association currently in effect. The demand for arbitration shall be filed in writing with the other party to the
<br />Contract and with the American Arbitration Association, and a copy shall be filed with the Architect.
<br />§ 4.6.3 A demand for arbitration shall be made within the time limits specified in Sections 4.4.6 and 4.6.1 as
<br />applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made
<br />after the date when institution of legal or equitable proceedings based on such Claim would be barred by the
<br />applicable statute of limitations as determined pursuant to Section 13.7.
<br />Init. AIA Document A201TM —1997. Copyright m 1911, 1915, 191a, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1991py i ne Amencan
<br />Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 21
<br />reproduction or distribution of this AIA° Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the
<br />maximum extent possible under the law. This document was produced by AIA software at 14:41:00 on 12/10/2008 under Order No.1000375455_1 which
<br />expires on 1012012009, and is not for resale. (3925236195)
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