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Agenda - Council - 06/27/2017
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Agenda - Council - 06/27/2017
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Meetings
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Agenda
Meeting Type
Council
Document Date
06/27/2017
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expenses or damage directly attributable to Contractor's stopping the Work as permitted <br />by this paragraph. <br />ARTICLE 17 — FINAL RESOLUTION OF DISPUTES <br />17.01 Methods and Procedures <br />A. Disputes Subject to Final Resolution: The following disputed matters are subject to final <br />resolution under the provisions of this Article: <br />1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in <br />full; and <br />2. Disputes between Owner and Contractor concerning the Work or obligations under <br />the Contract Documents, and arising after final payment has been made. <br />B. Final Resolution of Disputes: For any dispute subject to resolution under this Article, Owner <br />or Contractor may: <br />1. elect in writing to invoke the dispute resolution process provided for in the <br />Supplementary Conditions; or <br />2. agree with the other party to submit the dispute to another dispute resolution <br />process; or <br />3. if no dispute resolution process is provided for in the Supplementary Conditions or <br />mutually agreed to, give written notice to the other party of the intent to submit the <br />dispute to a court of competent jurisdiction. <br />ARTICLE 18 — MISCELLANEOUS <br />18.01 Giving Notice <br />A. Whenever any provision of the Contract Documents requires the giving of written notice, it <br />will be deemed to have been validly given if: <br />1. delivered in person, by a commercial courier service or otherwise, to the individual or <br />to a member of the firm or to an officer of the corporation for which it is intended; or <br />2. delivered at or sent by registered or certified mail, postage prepaid, to the last <br />business address known to the sender of the notice. <br />18.02 Computation of Times <br />A. When any period of time is referred to in the Contract by days, it will be computed to <br />exclude the first and include the last day of such period. If the last day of any such period <br />falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable <br />jurisdiction, such day will be omitted from the computation. <br />18.03 Cumulative Remedies <br />A. The duties and obligations imposed by these General Conditions and the rights and <br />remedies available hereunder to the parties hereto are in addition to, and are not to be <br />construed in any way as a limitation of, any rights and remedies available to any or all of <br />them which are otherwise imposed or available by Laws or Regulations, by special warranty <br />or guarantee, or by other provisions of the Contract. The provisions of this paragraph will <br />be as effective as if repeated specifically in the Contract Documents in connection with <br />each particular duty, obligation, right, and remedy to which they apply. <br />EJCDC® C-700, Standard General Conditions of the Construction Contract. <br />Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, <br />and American Society of Civil Engineers. All rights reserved. Page 64 of 65 <br />
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