Decisions on Disagreements Clause Samples

Decisions on Disagreements. 9.7.1 The CEI or A/E may, at County’s direction, be the initial interpreter of the requirements of the Contract Documents and the judge of the Contractor’s performance thereunder. In its capacity as interpreter and judge, it will exercise its best efforts to insure faithful performance of the Work by Contractor. Claims, disputes and other matters relating to the execution and progress of the Work, or the interpretation of or performance under the Contract Documents shall be referred to the CEI or A/E for decision, which it will render in writing within a reasonable time. 9.7.2 Should Contractor object to any decision by the CEI or A/E with respect to any such claim, dispute or other matter that has been referred to the CEI or A/E, except any which have been waived by the making or acceptance of final payment as provided in Article 14, paragraph 14.11, such objection shall be resolved in accordance with Article 16.

Decisions on Disagreements. A. The architect/engineer will be the initial interpreter of the requirements of the contract documents and the judge of the performance thereunder. In its capacity as interpreter and judge, it will exercise its best efforts to insure faithful performance of the work by both County and contractor. It will not show partiality to either and will not be liable for the result of any interpretation or decision rendered in good faith. Claims, disputes and other matters relating to the execution and progress of the work, or the interpretation of or performance under the contract documents shall be referred to the architect/engineer for decision, which it will render in writing within a reasonable time. B. Should either County or contractor object to any decision by the architect/engineer with respect to any such claim, dispute or other matter that has been referred to the architect/engineer, except any which have been waived by the making or acceptance of final payment as provided in article 14, paragraph 14.11, such objection shall be resolved in accordance with article 17; however, no demand for legal action for any such claim, dispute, or other matter shall be made until the earlier of: 1. The date on which the architect/engineer has rendered its decision, or; 2. The tenth (10th) day after the parties have presented their evidence to the architect/engineer if it has not rendered its written decision before that date. No demand for legal action shall be made later than thirty (30) days after the date on which the architect/engineer rendered its written decision in respect of the claim, dispute or other matter as to which legal action is sought, and the failure to demand legal action within said thirty (30) days’ period shall result in the architect/engineer’s decision being final and binding upon County and contractor. If the architect/engineer renders a decision after legal proceedings have been initiated, such decision may be entered as evidence but shall not supersede the legal proceedings, except where the decision is acceptable to the parties concerned.

Decisions on Disagreements. 10.6.1 The Professional shall interpret the requirements of the Contract Documents and determine the acceptability of the Work. If the Contractor disagrees with the Professional’s opinion, the Contractor shall refer claims, disputes, and other matters relating to the acceptability of the Work or their interpretation of the requirements of the Contract Documents initially to the Professional in writing with a request for a formal decision. The Professional will render in writing its opinion concerning the Contractor’s request for a formal decision and shall submit same to the Project Manager. After receipt of the Professional’s written opinion and all information requested from the Contractor, the Project Manager shall render a formal decision in writing, which shall then be conveyed to the Contractor by the Professional. Written notice of each such claim, dispute, and other matter shall be delivered by the Contractor to the Professional within seven (7) calendar days of the occurrence first happening. Written supporting data will be submitted to the Professional within fifteen (15) calendar days after such occurrence unless the Professional allows additional time. If the Contractor fails to strictly comply with these notices and submittal time periods, the Contractor shall be deemed to have waived its right to assert a claim the Contractor might otherwise have had concerning such matter.

Decisions on Disagreements. OWNER's representative will be the initial interpreter of the extent of the work to be performed by the OPERATOR and judge of the acceptability of the work thereunder. OWNER's representative will not be responsible for OPERATOR's means, methods, techniques, sequences, procedures, or the safety precautions and programs incident thereto, and will not be responsible for OPERATOR's failure to perform the work in accordance with the Agreement. OWNER's representative will not be responsible for the acts or omissions of OPERATOR or of any Subcontractors, or of the agents or employees of any OPERATOR or Subcontractor or of any other persons at the site or otherwise performing any of the work.

Decisions on Disagreements. CONSULTANT will be the initial interpreter of the Construction Documents.