Dispute Between Owner and Contractor Sample Clauses

Dispute Between Owner and Contractor. In the event a dispute arises between the Owner and Contractor, or any other party, whether before, during, or after construction, the Architect/Engineer shall advise and consult with the Owner in attempting to resolve the dispute, whether informally or by mediation, arbitration, or other legal proceeding. The Architect/Engineer will make himself and/or his consultants, agents, and employees available and shall permit inspection of his records by the Owner. In the event that it is ultimately determined that the Architect/Engineer did not cause or contribute to the dispute, damages, or expenses alleged, the Architect/Engineer shall be reimbursed by the Owner for all costs reasonably incurred upon final resolution of the dispute with the Contractor. The Owner, at its sole discretion, may also enjoin the Architect/Engineer and/or consolidate any claim or dispute with the Architect/Engineer to any dispute between the Owner and Contractor. This condition is the singular and sole exemption to needing written consent of the Owner, Architect/Engineer, and any other party seeking to be joined in a dispute or claim between the Owner and the Contractor, as defined in the Contract for Construction. If there is no formal determination or finding of fault, the Architect/Engineer and Owner may negotiate terms for payment unless the Owner suffered loss as a result of the dispute and believes the Architect/Engineer was responsible for or contributed to the loss or cause of the dispute. In such event, any such dispute between the Owner and the Architect/Engineer shall be subject to resolution per the “Dispute Resolution” article of this Agreement. The Owner will not be required to reimburse the Architect/Engineer for matters in dispute at any time prior to a final determination or resolution of any claim or dispute. In the event the Architect/Engineer caused, in whole or in part, the dispute or controversy, the Architect/Engineer shall bear his costs for participating in the resolution.
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Dispute Between Owner and Contractor. 1.10.8.1 In the event a dispute arises between the Owner and Contractor, or any other party, whether before, during, or after construction, the Architect/Engineer shall advise and consult with the Owner in attempting to resolve the dispute, whether informally or by mediation, arbitration, or other legal proceeding.
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Dispute Between Owner and Contractor. In the event a dispute arises between the Owner and Contractor, or any other party, whether before, during, or after construction, the Land Surveyor shall advise and consult with the Owner in attempting to resolve the dispute, whether informally or by mediation, arbitration, or other legal proceeding. The Land Surveyor will make himself and/or his consultants, agents and, employees available and shall permit inspection of his records by the Owner. In the event that it is ultimately determined that the Land Surveyor did not cause or contribute to the dispute, damages, or expenses alleged, the Land Surveyor shall be reimbursed by the Owner for all costs reasonably incurred upon final resolution of the dispute. The singular and sole exemption to needing written consent of the Owner, Land Surveyor, and any other party seeking to be joined in a dispute or claim between the Owner and the Contractor, as defined in the Contract for Construction, which may be consolidated and joined at the sole discretion of the Owner. The Owner, at its sole discretion, may also enjoin and consolidate any claim or dispute with the Land Surveyor to any dispute between the Owner and Contractor. If there is no formal finding of fault, the Land Surveyor and Owner shall negotiate terms for payment unless the Owner suffered loss as a result of the dispute and believes the Land Surveyor was responsible for or contributed to its cause. In such event, any claim by Owner against the Land Surveyor shall be subject to resolution per the terms of this Agreement. The Owner will not be required to reimburse the Land Surveyor at any time prior to the final determination or resolution of any claim or dispute. In the event the Land Surveyor caused, in whole or in part, the dispute or controversy, the Land Surveyor shall bear his costs for participating in the resolution.
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Related to Dispute Between Owner and Contractor

  • Settlement of Disputes between Contracting Parties (1) Disputes between Contracting Parties regarding the interpretation or application of the provisions of this Agreement shall be settled through diplomatic channels.

  • Settlement of Disputes between the Contracting Parties 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through diplomatic channels.

  • Disputes between a Contracting Party and an Investor of the other Contracting Party

  • Disputes between the Contracting Parties 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through negotiation.

  • Settlement of Disputes between the Parties 1. Any dispute between the Parties concerning the interpretation or application of this Chapter shall, as far as possible, be settled with consultation through diplomatic channel. 2. If a dispute cannot thus be settled within 6 months, it shall, upon the request of either Party, be submitted to an ad hoc arbitral tribunal. 3. Such tribunal comprises of 3 arbitrators. Within 2 months of the receipt of the written notice requesting arbitration, each Party shall appoint one arbitrator. Those 2 arbitrators shall, within further 2 months, together select a national of a third State having diplomatic relations with both Parties who, upon approval by the Parties, shall be appointed as Chairman of the arbitral tribunal. 4. If the arbitral tribunal has not been constituted within 4 months from the receipt of the written notice requesting arbitration, either Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Party or is otherwise prevented from discharging the said functions, the Member of the International Court of Justice next in seniority who is not a national of either Party or is not otherwise prevented from discharging the said functions shall be invited to make such necessary appointments. 5. The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its award in accordance with the provisions of this Agreement and the principles of international law recognized by both Parties. 6. The arbitral tribunal shall reach its award by a majority of votes. Such award shall be final and binding upon both Parties. The arbitral tribunal shall, upon the request of either Party, explain the reasons of its award. 7. Each Party shall bear the costs of its appointed arbitrator and of its representation in arbitral proceedings. The relevant costs of the Chairman and tribunal shall be borne in equal parts by the Parties.

  • Settlement of Disputes between an Investor and a Contracting Party

  • Compliance Between Individual Contract and Master Agreement Any individual contract between the Board and an individual employee, heretofore or hereafter executed, shall be subject to and consistent with the terms and conditions of this Agreement. If an individual contract contains any language inconsistent with this Agreement, this Agreement, during its duration, shall be controlling.

  • Disputes between the Parties Any dispute between the Parties in connection with this Agreement shall be resolved by arbitration in accordance with the procedures set forth in Exhibit B; provided, however, that either Party may seek a restraining order, temporary injunction, or other provisional relief in any court with jurisdiction over the subject matter of the dispute and sitting in Houston, Texas, if such Party in its sole judgment believes that such action is necessary to avoid irreparable injury or to preserve the status quo ante.

  • Cooperation Between the Parties The College and UFE shall supply each other with requested information reasonably needed to facilitate the processing of the grievance. Meetings to discuss any grievance shall be scheduled at mutually convenient times.

  • Contractor Representative 5.05 The Contractor shall appoint a Contractor Representative fluent in English, who shall:

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