Township Council Meeting — Packet

If the parties cannot resolve the claim by mutual agreement within fifteen (1 5) calendar days of the Owner's response, either party shall have the right to request resolution of the dispute by senior management, by providing written notice requesting that a meeting by convened at the job site (or other mutually agreed location), attended by a representative of the Owner, duly authorized to recommend settlement to the governing body, along with a principal of the Contractor and a principal of the Engineer, each of whom shall have the authority to bind their respective firms. Such meeting shall be held not less than ten (10) nor more than fifteen (15) working days after receipt of notice. In the event that the parties cannot resolve the dispute within twenty (20) days after the first meeting of the principals, then the matter shall be presented to a mutually agreed upon qualified mediator for mediation, pursuant to the Rules of Construction Mediation promulgated by ERI. Either party shall provide notice to the agreed upon mediator, within ten (1) working days after the time elapsed under “D” above, that the parties have been unable to reach an agreement on the dispute between them. A copy of such notice shall be contemporaneously served upon the other interested parties. Within ten (1) calendar days of the filing of Notice with the mediator, the claiming party shall prepare a clear and concise written statement of the claim, including all supporting documentation and submit it to the mediator with a copy to the other parties. Other parties shall thereafter present a written response to the Affidavit of Claim, singly or jointly, within ten (10) calendar days of receipt thereof. The mediator shall then resolve the matter within forty-five (45) days, unless all parties mutually agree to an extension of time thereof. The mediator shall attempt to reach agreement on an MCR; in the absence of the ability to do so, the mediator shall render a written opinion to all parties. Such opinion shall be admissible in any Court proceedings between or among the parties.