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ARTICLE 16—DISPUTE RESOLUTION <br /> 16.01 Methods and Procedures <br /> If this project is a State Construction Project and/or for a public Owner, Dispute Resolution shall be <br /> governed by RULES IMPLEMENTING MEDIATED SETTLEMENT CONFERENCES IN <br /> NORTH CAROLINA PUBLIC CONSTRUCTION PROJECTS adopted February 26,2002. <br /> If the project is a private project,Dispute Resolution shall be as follows: <br /> A. Either Owner or Contractor, when mutually agreed to by both parties, may request mediation of <br /> any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision <br /> becomes final and binding. The mediation will be governed by the North Carolina Rules of <br /> Mediated Settlement Conferences then in effect as of the Effective Date of the Agreement. The <br /> request for mediation shall be submitted in writing to the Engineer and the other party to the <br /> Contract.Timely submission of the request shall stay the effect of Paragraph 10.05.E. <br /> B. Owner and Contractor shall participate in the mediation process in good faith. The process shall <br /> be concluded within 60 days of filing of the request. The date of termination of the mediation <br /> shall be determined by application of the mediation rules referenced above. <br /> C. If the Claim is not resolved by mediation,Engineer's action under Paragraph 10.05.0 or a denial <br /> pursuant to Paragraphs 10.05.C.3 or 10.05.1) shall become final and binding 30 days after <br /> termination of the mediation unless,within that time period, Owner or Contractor: <br /> 1. Files for Arbitration in accordance with the N.C. Arbitration Act which arbitration shall <br /> be governed by the current Construction Arbitration rules of the American Arbitration <br /> Association;or <br /> 2. Agrees with the other party to submit the Claim to another dispute resolution process; <br /> ARTICLE 17—MISCELLANEOUS <br /> 17.01 Giving Notice <br /> A. Whenever any provision of the Contract Documents requires the giving of written notice, it will <br /> be deemed to have been validly given if. <br /> 1. delivered in person to the individual or to a member of the firm or to an officer of the <br /> corporation for whom it is intended; or <br /> 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business <br /> address known to the giver of the notice. <br /> 17.02 Computation of Times <br /> A. When any period of time is referred to in the Contract Documents by days,it will be computed to <br /> exclude the first and include the last day of such period. If the last day of any such period falls on <br /> a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, <br /> such day will be omitted from the computation. <br /> EJCDC C-700 Modified Standard General Conditions of the Construction Contract <br /> Copyright V 2007 National Society of Professional Engineers for VCDC. 411 rights reserved. <br /> Page 80 of 81 <br />