Common use of COMPLAINTS HANDLING AND RESOLUTION Clause in Contracts

COMPLAINTS HANDLING AND RESOLUTION. The Supplier shall notify ConstructionSkills of any Complaint within two (2) Working Days of becoming aware of that Complaint and such notice shall contain full details of the Supplier's plans to resolve such Complaint. If ConstructionSkills considers the Complaint to be well founded, it reserves the right to terminate forthwith the Framework Agreement and any Call-Off Contract DISPUTE RESOLUTION The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Framework Agreement within twenty (20) Working Days after either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute to those persons identified in Clause 33 above. Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act. If the dispute cannot be resolved by the Parties pursuant to Clause 34.1, the Parties shall refer it to mediation pursuant to the procedure set out in Clause 34.5 unless:- ConstructionSkills considers that the dispute is not suitable for resolution by mediation; or the Supplier does not agree to mediation. The obligations of the Parties under the Framework Agreement shall not be suspended, cease or be delayed by the reference of a dispute to mediation and the Supplier and its employees, personnel and associates shall comply fully with the requirements of the Framework Agreement at all times. The procedure for mediation and consequential provisions relating to mediation are as follows:- a neutral adviser or mediator ("the Mediator") shall be chosen by agreement between the Parties or, if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other to appoint a Mediator or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator or within ten (10) Working Days after any notice given by the Mediation to either Party that he is unable or unwilling to act, apply to the Centre for Effective Dispute Resolution (CEDR) to appoint a Mediator; and if the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days after the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the courts.

COMPLAINTS HANDLING AND RESOLUTION. The Supplier shall notify ConstructionSkills the Authority of any Complaint complaint made by Other Contracting Bodies, which is not resolved by operation of the Supplier’s usual complaints handling procedure within two five (25) Working Days of becoming aware of that Complaint complaint and such notice shall contain full details of the Supplier's plans to resolve such Complaintcomplaint. If ConstructionSkills considers the Complaint Without prejudice to be well foundedany rights and remedies that a complainant may have at Law, it reserves the right to terminate forthwith the including under this Framework Agreement and any Agreement, Call-Off Contract Agreement and/or Lease Agreement, and without prejudice to any obligation of the Supplier to take remedial action under the provisions of this Framework Agreement or a Call-Off Agreement and/or Lease Agreement, the Supplier shall use its best endeavours to resolve the Complaint within ten (10) Working Days and in so doing, shall deal with the complaint fully, expeditiously and fairly. Within two (2) Working Days of a request by the Authority, the Supplier shall provide full details of a complaint to the Authority, including details of steps taken to its resolution. DISPUTE RESOLUTION The Parties shall attempt in good faith to negotiate a settlement to of any dispute between them arising out of or in connection with the this Framework Agreement within twenty (20) Working Days after of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute to those persons identified in Clause 33 abovethe Authority Representative and the Supplier Representative. Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act. If the dispute cannot be resolved by the Parties pursuant to Clause 34.1, the Parties shall refer it to mediation pursuant to the procedure set out in Clause 34.5 unless:- ConstructionSkills considers that the dispute is not suitable for resolution by mediation; or the Supplier does not agree to mediation. The obligations of the Parties under the this Framework Agreement shall not be suspended, cease or be delayed by the reference of a dispute to mediation or arbitration pursuant to this Clause 45 and the Supplier and its employees, personnel and associates shall comply fully with the requirements of the this Framework Agreement at all times. The procedure for mediation and consequential provisions relating If the dispute cannot be resolved by the Parties pursuant to Clause 45.1, the Parties shall refer it to mediation are as follows:- pursuant to the procedure set out in Clause 45.5 unless the Authority considers that the dispute is not suitable for resolution by mediation [or the Supplier does not agree to mediation]. If a dispute is referred to mediation the parties shall comply with the following provisions: a neutral adviser or mediator ("“the Mediator"”) shall be chosen by agreement between the Parties or, if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other to appoint a Mediator or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator or within ten (10) Working Days after any of notice given by the Mediation to either Party that he is unable or unwilling to act, apply to the Centre for Effective Dispute Resolution (CEDR) CEDR to appoint a Mediator; the Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from the CEDR to provide guidance on a suitable procedure; unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings; if the Parties reach agreement on the resolution of the dispute, the agreement shall be reduced to writing and shall be binding on the Parties with effect from its signature by their duly authorised representatives; failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative opinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to this Framework Agreement without the prior written consent of both Parties; and if the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days after of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to arbitration pursuant to Clause 45.6. If a dispute cannot be resolved by the courtsParties pursuant to Clause 45.5 the Parties shall refer it to arbitration pursuant to the procedure set out in Clause 45.7 unless the Authority considers that it is not suitable for resolution by arbitration. If a dispute is referred to arbitration the Parties shall comply with the following provisions: the arbitration shall be governed by the provisions of the Arbitration Act 1996 and the LCIA procedural rules shall be applied and are deemed to be incorporated into this Framework Agreement (save that in the event of any conflict between those rules and this Framework Agreement, this Framework Agreement shall prevail); the decision of the arbitrator shall be binding on the Parties (in the absence of any material failure by the arbitrator to comply with the LCIA procedural rules); the tribunal shall consist of a sole arbitrator to be agreed by the Parties and in the event that the Parties fail to agree the appointment of the arbitrator within 10 Working Days or, if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA; and the arbitration proceedings shall take place in London.

COMPLAINTS HANDLING AND RESOLUTION. The Supplier shall notify ConstructionSkills the Authority of any Complaint complaint made by Other Contracting Bodies, which is not resolved by operation of the Supplier’s usual complaints handling procedure within two five (25) Working Days of becoming aware of that Complaint complaint and such notice shall contain full details of the Supplier's plans to resolve such Complaintcomplaint. If ConstructionSkills considers the Complaint Without prejudice to be well foundedany rights and remedies that a complainant may have at Law, it reserves the right to terminate forthwith the including under this Framework Agreement and any or Call-Off Contract Agreement, and without prejudice to any obligation of the Supplier to take remedial action under the provisions of this Framework Agreement or a Call-Off Agreement, the Supplier shall use its best endeavours to resolve the Complaint within ten (10) Working Days and in so doing, shall deal with the complaint fully, expeditiously and fairly. Within two (2) Working Days of a request by the Authority, the Supplier shall provide full details of a complaint to the Authority, including details of steps taken to its resolution. DISPUTE RESOLUTION The Parties shall attempt in good faith to negotiate a settlement to of any dispute between them arising out of or in connection with the this Framework Agreement within twenty (20) Working Days after of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute to those persons identified in Clause 33 abovethe Authority Representative and the Supplier Representative. Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act. If the dispute cannot be resolved by the Parties pursuant to Clause 34.1, the Parties shall refer it to mediation pursuant to the procedure set out in Clause 34.5 unless:- ConstructionSkills considers that the dispute is not suitable for resolution by mediation; or the Supplier does not agree to mediation. The obligations of the Parties under the this Framework Agreement shall not be suspended, cease or be delayed by the reference of a dispute to mediation or arbitration pursuant to this Clause 45 and the Supplier and its employees, personnel and associates shall comply fully with the requirements of the this Framework Agreement at all times. The procedure for mediation and consequential provisions relating If the dispute cannot be resolved by the Parties pursuant to Clause 45.1, the Parties shall refer it to mediation are as follows:- pursuant to the procedure set out in Clause 45.5 unless the Authority considers that the dispute is not suitable for resolution by mediation [or the Supplier does not agree to mediation]. If a dispute is referred to mediation the parties shall comply with the following provisions: a neutral adviser or mediator ("“the Mediator"”) shall be chosen by agreement between the Parties or, if they are unable to agree upon a Mediator within ten (10) Working Days after a request by one Party to the other to appoint a Mediator or if the Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator or within ten (10) Working Days after any of notice given by the Mediation to either Party that he is unable or unwilling to act, apply to the Centre for Effective Dispute Resolution (CEDR) CEDR to appoint a Mediator; the Parties shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from the CEDR to provide guidance on a suitable procedure; unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings; if the Parties reach agreement on the resolution of the dispute, the agreement shall be reduced to writing and shall be binding on the Parties with effect from its signature by their duly authorised representatives; failing agreement, either of the Parties may invite the Mediator to provide a non-binding but informative opinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to this Framework Agreement without the prior written consent of both Parties; and if the Parties fail to reach agreement in the structured negotiations within sixty (60) Working Days after of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to arbitration pursuant to Clause 45.6. If a dispute cannot be resolved by the courtsParties pursuant to Clause 45.5 the Parties shall refer it to arbitration pursuant to the procedure set out in Clause 45.7 unless the Authority considers that it is not suitable for resolution by arbitration. If a dispute is referred to arbitration the Parties shall comply with the following provisions: the arbitration shall be governed by the provisions of the Arbitration Act 1996 and the LCIA procedural rules shall be applied and are deemed to be incorporated into this Framework Agreement (save that in the event of any conflict between those rules and this Framework Agreement, this Framework Agreement shall prevail); the decision of the arbitrator shall be binding on the Parties (in the absence of any material failure by the arbitrator to comply with the LCIA procedural rules); the tribunal shall consist of a sole arbitrator to be agreed by the Parties and in the event that the Parties fail to agree the appointment of the arbitrator within 10 Working Days or, if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the LCIA; and the arbitration proceedings shall take place in London.