Common use of CHANGE ORDERS AND CONSTRUCTION CHANGE DIRECTIVES Clause in Contracts

CHANGE ORDERS AND CONSTRUCTION CHANGE DIRECTIVES. Design Services in connection with a Change Order or Construction Change Directive will be determined to be the result of the ARCHITECT/ENGINEER'S negligent acts, professional errors or omissions if the OWNER and the ARCHITECT/ENGINEER mutually consent to such a determination. Should the OWNER and the ARCHITECT/ENGINEER fail to reach such an agreement after good faith negotiation, the OWNER and the ARCHITECT/ENGINEER will choose a third party mutually agreeable to each to provide non-binding mediation services with respect to any individual or group of Change Orders or Construction Change Directives. If the OWNER and the ARCHITECT/ENGINEER are unable to agree upon a mediator, each will choose an independent party and those independent parties will choose a mediator. The OWNER and the ARCHITECT/ENGINEER will participate in the mediation process in a good faith attempt to reach a mutually acceptable solution. The mediator will direct the mediation process including selection of a forum, informal discovery, and any other procedures that may suit the situation. The mediator will provide the parties with a written determination of the decision. The costs of mediation services will be shared equally between the OWNER and the ARCHITECT/ENGINEER, unless the mediator finds that a party's position was not substantially justified or the party engaged in conduct which ▇▇▇▇▇▇ and unreasonably protracted the final resolution of the matter in controversy, in which case such party may bear a higher portion or all of the costs. Other than as set out herein, this paragraph will not act as a waiver of any rights or remedies the parties may have, either by contract or by operation of law.

CHANGE ORDERS AND CONSTRUCTION CHANGE DIRECTIVES. Design Services in connection with a Change Order or Construction Change Directive will be determined to be the result of the ARCHITECT/ENGINEER'S negligent acts, professional errors or omissions if the OWNER and the ARCHITECT/ENGINEER mutually consent to such a determination. Should the OWNER and the ARCHITECT/ENGINEER fail to reach such an agreement after good faith negotiation, the OWNER and the ARCHITECT/ENGINEER will choose a third party mutually agreeable to each to provide non-binding mediation services with respect to any individual or group of Change Orders or Construction Change Directives. If the OWNER and the ARCHITECT/ENGINEER are unable to agree upon a mediator, each will choose an independent party and those independent parties will choose a mediator. The OWNER and the ARCHITECT/ENGINEER will participate in the mediation process in a good faith attempt to reach a mutually acceptable solution. The mediator will direct the mediation process including selection of a forum, informal discovery, and any other procedures that may suit the situation. The mediator will provide the parties with a written determination of the decision. The costs of mediation services will be shared equally between the OWNER and the ARCHITECT/ENGINEER, unless the mediator finds that a party's position was not substantially justified or the party engaged in conduct which ▇▇▇▇▇▇ unduly and unreasonably protracted the final resolution of the matter in controversy, in which case such party may bear a higher portion or all of the costs. Other than as set out herein, this paragraph will not act as a waiver of any rights or remedies the parties may have, either by contract or by operation of law.