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<br />AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights
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<br />User Notes: (1345795138)
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<br />Project is located, unless another location is mutually agreed upon. A demand for arbitration shall be made in writing,
<br />delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party
<br />filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which
<br />arbitration is permitted to be demanded. The parties intend that the scope of this arbitration clause shall be
<br />construed as broadly as possible so as to include any and all disputes/claims arising out of the subject matter of
<br />the Agreement as well as the relationships which result from this Agreement, including but not limited to, any
<br />claims of misrepresentation, concealment of material facts or fraud among the parties that may have preceded
<br />entry into this Agreement provided, however, that this Agreement to arbitrate shall not prevent Contractor
<br />from asserting equitable remedies, including without limitation, lien rights.
<br />§ 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for
<br />mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on
<br />the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a
<br />written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of
<br />legal or equitable proceedings based on the Claim. Notwithstanding any selection of law governing the Agreement or
<br />Project, the arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq.
<br />§ 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in
<br />accordance with applicable law in any court having jurisdiction thereof.
<br />§ 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly
<br />consented to by parties to the Agreement, shall be specifically enforceable under applicable law in any court having
<br />jurisdiction thereof. Notwithstanding anything to the contrary hereinabove provided, the arbitrators shall grant all
<br />requests for pre-arbitration disclosure and discovery in accordance with the Federal Rules of Civil Procedure,
<br />including oral depositions. Any refusal to do so will be enforceable in court by the aggrieved party and the arbitration
<br />proceedings shall be stayed pending resolution of the court proceedings. The parties acknowledge and agree that this
<br />contract, the subject matter hereof and the performance hereof is substantially connected with and substantially
<br />involves interstate commerce.
<br />§ 15.4.4 Consolidation or Joinder
<br />§ 15.4.4.1 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either
<br />party may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party
<br />provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to
<br />be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially
<br />similar procedural rules and methods for selecting arbitrator(s).
<br />§ 15.4.4.2 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either
<br />party may include by joinder persons or entities substantially involved in a common question of law or fact whose
<br />presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined
<br />consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute
<br />consent to arbitration of any claim, dispute or other matter in question not described in the written consent.
<br />§ 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this
<br />Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as those of the Owner
<br />and Contractor under this Agreement.
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