Material Subcontractors or Other Persons Clause Samples

Material Subcontractors or Other Persons. 28.2.1 Where a Material Subcontractor is considered by either the Owner or the DBO Contractor to be a necessary party, or in the case of other persons, where the written consent of the person or entity sought to be joined has been obtained, an arbitration arising out of or relating to a Dispute must include, by consolidation, joinder or in any other manner, any person or entity not a Party to this Agreement under which such arbitration arises, where it is shown at the time the demand for arbitration is served that: (a) such person or entity is substantially involved in a common question of fact or law; (b) the presence of such person or entity is required if complete relief is to be accorded in the arbitration; and (c) the interest or responsibility of such person or entity in the matter is not insubstantial.