Interim Architect Agreement/Contract

Home Browse Search

~ .53~ . July 7, 1997 ~_ , ~r/ Kim Arbuckle, AlA ~ Alan E. Costic, AIA ~~% w~ Walter E. Bensman, Jc, AlA ~^;, ",` ~ Clay[on Vorse, AlA ~ '. Richard S. Rothweiler, AlA Michael ~~ BUC COSTIC ARCHITECTS, INC. Ma '' ty Legal Counsel 363 State Street e~ Street NE, Suite 312 Salem, OR 97301-3533 , O~egon 97301-3670 503/581-4114 Fax: 503~581-3655 RE: Courthouse Square - Contract Projed No. 9637 Dear Mr. Hansen: The issues we discussed in our meeting of June 30, 1997~ have been reviewed by Gina Anne Johnnie and we offer the foliowing resolutions. We consider the resolutlons offered her+ein to be compromises and do not wish to furthe~ belabor the lssues. 1. ArtiGe 7 has been revised to provlde a non-binding mediatfon provislon and a limitation in the arbitration p~ovision so that only controversles of less than $50,000 are arbitrated. ~ A. MediaUon: If any dispute or diffe~nce shall a~ise between Archftects and Owners with resped to any matter o~ thing arising out of, or in any way relating to this Agreement~ both parties are enoouraged to resolve that dispute through mediatlon using the then effective mediation nales of Artiitration Service of Portland, inc. B. ArbitraUon: if any dispute or difference which concems a Gaim of $50,000 or less shall arise between Architeds and Owners with resped to any matter or thing arisinp out of, or in arry way ~+elating to this Agreemerrt. each party~ at such paRy's optia~, shall have the ~ight ot require that such daim, controversy or dispute between the parties arising out or relating to the agreement, and inGuding those based on or arising from any statute. constitution. regulation, ordinance, rule o~ any alleged tort, be determined by arbitration in acxorclance with the then effedive arbitration niles of Arbit~ation Services of Portland, inc., and any judgment upon the award rendered pursuant to such arbitration may be eMered 1n any cou~t having jurisdiction thereof. If litigation has been commenced in court for the purpose of protecting any ~ight of that party, the arbitration provision ls not waived except when: 1) the party who is the defenda~rt or respondent in such litigation shall be deemed to have waived its op~lon to arbitrate said dispute if such party files a general appearance in the litigation prior to filing a claim in arbitration in the matter specified above; and 2) the plaintiff or petitioner in such litigation will be deemed to have waived its right to arbitrate said dispute if such pa~ty fails to file a claim for arbitration in the manner specified above within siuty (60) days after a general appearance in the litigation has been filed by the party who is the defendant or respondeM in the litigation.