Fill and Sign the Dispute Contractor Form

Submission to Arbitration of Dispute between Building Contractor and Owner Agreement made on the __________________ (date) , between __________________________ (Name of Owner) of _____________________ ________________________________________________ (street address, city, state, zip code) , referred to herein as Owner , and ____________________ (Name of Contractor) , a corporation organized and existing under the laws of the state of _________________, with its principal office located at ___________ _______________________________________________________________ (street address, city, state, zip code) , referred to herein as Contractor . Whereas, the parties stipulate that certain controversies have arisen and exist between them respecting the construction of a (e.g., residence) _______________ under an Agreement entered into between them on __________________ (date) ; and Whereas, the parties, desiring to submit all such matters, disputes, and controversies relating to the construction of such (e.g., residence) ______________________ to arbitration, as set forth in this Agreement, covenant and agree as follows: 1. Submission of Disputes Owner and Contractor agree to submit all claims, controversies, demands, disputes, differences, and matters, now pending between them, or contemplated by either of them, relating to or arising from the above-mentioned Construction Agreement between Owner and Contractor and performance under the Agreement, to __________________ (name or first arbitrator) and _____________________ (name of second arbitrator) , as arbitrators, who shall, subject to the provisions of this Agreement, arbitrate the following matters: A. Whether Contractor breached its Agreement with Owner by failing to perform work under that Agreement to the standard of skill practiced by qualified Contractors in _____________ (county) , ____________ (state) . B. Whether Contractor failed to provide the quality of materials as called for in the plans and specifications relating to such Agreement. C. Subject to an affirmative finding by the arbitrators of Paragraphs A or B above, what amount of damages Contractor owes Owner by reason of such breach or nonperformance, as set forth below. 2. Determination of Damages A. In determining damages, if any, owed by Contractor to Owner, the arbitrators are directed to assign to each item of substandard work, if any, an amount equal to the reasonable cost of correcting such item to conform to the general standard of skill or quality practiced by building Contractors in ________________ (county) , _______________ (state) , in performing the item in question, and the total cumulative cost of all such items shall be the damages, if any, to which Owner shall be entitled from Contractor. B. The parties stipulate that the above-stated proration of damages as to each such substandard work item, if any, is required of the arbitrators for the purpose of Contractor's seeking recourse against any third persons or particular subcontractors, to the extent of any such damages Contractor may suffer by virtue of an award being made by the arbitrators respecting such substandard work item pursuant to this Agreement. 3. Terms and Conditions of Arbitration A. The arbitrators shall have full power to make such regulations and to give such orders and directions as they shall deem expedient in respect to a determination of damages in the matters and differences referred to them. B. Each of the parties shall, within _______ (number) days from the effective date of this Agreement, furnish to the arbitrators, and a copy to the other party or his or its counsel, a statement in writing of the claims and objections that the claimant proposes to submit. Within _______ (number) days from the expiration of such _______ (number) -day period, the arbitrators shall determine and make their award concerning the matters in controversy between Owner and Contractor; provided, however, in case the arbitrators do not so make an award on or before the day provided for above, all matters shall be submitted to the decision of ____________________ (name of umpire) , as umpire, who shall then be appointed in writing by the arbitrators, and within _______ (number) days from his appointment such umpire shall proceed to make a written award, in duplicate, deliverable to each party. C. The umpire, if appointed pursuant to the above Paragraph of this Section, shall succeed to all the powers, duties, rights, and obligations of the two previous arbitrators, and the umpire's decision shall be binding on the other two arbitrators, as well as on the parties to this Agreement. 4. Conduct and Rules of Hearing A. The parties and their respective witnesses shall, from time to time, when required by the arbitrators, attend and submit to examination and cross-examination as to all of the matters referred to in the proceedings, and to produce and deposit with the arbitrators all the deeds, account books, writings, vouchers, letters, documents, evidences, and other things in their possession or under their control concerning such matters. B. If a party shall default in any respect referred to in Paragraph A above, the arbitrators may proceed with the arbitration in their discretion as if no such evidence were in existence, to the extent it may be favorable to the party in default. C. The arbitrators may, in their absolute discretion, take as evidence any affidavit or declaration or writing concerning the matters in controversy, on condition that a copy has been given no less than ______ (number) days previously to the party against whom the same is offered, but the person whose evidence is so taken shall be subject at any time to cross-examination by such party, if the party thinks fit to bring that person before the arbitrators. 5. Duties of Arbitrators A. The arbitrators shall view the premises and shall inspect any plans and drawings and inspect any documents relating to the construction of the above-mentioned (e.g., residence) ______________. B. The arbitrators shall have full power to order mutual releases to be executed by the parties, and, if either of the parties fail to execute a release, such orders shall have the effect of a release, and may be duly acknowledged as such. C. If either party or a witness for either party shall fail to attend the arbitration hearing, after such written notice to such party as the arbitrators deem reasonable, the arbitrators may proceed in the absence of such party or witnesses without further notice. 6. Parties to Cooperate Neither party shall unreasonably delay or otherwise prevent or impede the arbitration or the making of an award. 7. Costs and Expenses All costs and expenses of the arbitration shall be borne and paid by the parties in equal shares. 8. PARTIES NOT TO COMMENCE PROCEEDINGS DURING ARBITRATION; EFFECT OF AWARD The parties agree that neither of them will, before or during such arbitration, commence or prosecute any civil action against the other relating to any of the matters in controversy, and that the award to be made by the arbitrators, or the umpire in case one is appointed, shall be valid and binding on the parties, and they agree to observe and perform each part of such orders. 9. Effect of Agreement This Agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties. 10. Notification of Award Any award made pursuant to this Agreement is to be delivered in writing, and executed by the arbitrators, and delivered to Contractor and Owner on or before ______________ (date) , or, in case an umpire shall be appointed, on or before ________________ (date) . 11. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _______________. Witness our signatures this the _________________ (date) . ____________________________ (Name of Contractor) ________________________ By:_____________________________ (P rinted Name of Owner) __________________________ (P rinted Name & Office in Corporation) ________________________ __________________________ (Signature of Owner) (Signature of Officer)