Reso 2007-1186 - Laserfiche WebLink

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constitute waiver and abandonment of claimant's right to seek administrative consideration of said claim. All such claims set forth in a petition addressed to the Owner stating: (1) The Architect-Engineer's name and business address; (2) A concise statement of the ultimate facts, including a statement of all disputed issues of material fact upon which the claim is based; (3) A concise statement of the provisions of the contract, together with any federal, state and local laws, ordinances or code requirements or customary practices and usages in the trade or profession asserted to be applicable to the questions presented by the claim; and (4) A demand for that specific relief to which the Architect-Engineer deems himself entitled. Within thirty (30) days from the receipt of any petition setting forth the claim, the Owner shall provide the Architect-Engineer its written response stating Owner's position with respect to each claim asserted. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. ARTICLE 15 PROHIBITION AGAINST CONTINGENT FEES "The Architect (or registered land surveyor or professional engineer, as applicable) warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the architect (or registered land surveyor, or professional engineer, as applicable) to solicit or secure this agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for the architect (or registered land surveyor or professional engineer, as applicable) any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the 17 C0708-026 Spillis Candela & Partncrs. Inc. d/b/a Spillis Candcla DMJM Agreement