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Small Construction Project Contract Page 5
Small Construction Project Contract
BGS Small Construction Project Contract Page 5 of 7 Page 5 of 7
Rev. 02/05/08; 4/15/09 Articles 7, 10, §12.1 ARRA
§ 9.6 The Contractor shall cause the foregoing provisions to be inserted in any subcontract for
any work covered by this Contract so that such provisions shall be binding upon each
subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts
for standard commercial supplies or raw materials.
§ 10.1.1 In the event of a dispute between the parties which arises under this Contract and the
dispute cannot be resolved through informal negotiation, the dispute shall be submitted to a
neutral mediator jointly selected by the parties.
Either party may file suit before or during mediation if the party in good faith deems it to be
necessary to avoid losing the right to sue due to a statute of limitations. If suit is filed before
good faith mediation efforts are completed, the party filing suit shall agree to stay all proceedings
in the lawsuit pending completion of the mediation process, provided such stay is without
§ 10.2. If the dispute is not resolved through mediation, the dispute shall be settled by arbitration.
The arbitration shall be conducted before a panel of three (3) arbitrators. Each party shall select
one arbitrator; the third arbitrator shall be appointed by the arbitrators selected by the parties.
The arbitration shall be conducted in accordance with the Maine Uniform Arbitration Act
(“MUAA”), except as otherwise provided in this section.
The decision of the arbitrators shall be final and binding upon all parties. The decision may be
entered in court as provided in the MUAA.
The costs of the arbitration, including the arbitrators’ fees shall be borne equally by the parties to
the arbitration, unless the arbitrator orders otherwise.
In any arbitration between the Owner and the Contractor, the Owner shall have the right to
consolidate related claims between Owner and Architect.
§ 11.1 The Contractor attests that it has not been declared ineligible to bid on State of Maine
projects. The Director of the Bureau of General Services may disallow award of this contract to
any Contractor if there is evidence that the Contractor through its own fault has been terminated,
has been suspended for cause, has been debarred from bidding, has agreed to refrain from
bidding as part of a settlement or has defaulted on a contract or had a contract completed by
another party.
§ 11.2 The Contractor shall not make any award or permit any award (subgrant or contract) at any
tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for
participation in Federal assistance programs or State of Maine projects.
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