CONTRACTOR'S FIVE (5) YEAR NO PENAL SUM WARRANTY
FOR
PREENGINEERED METAL BUILDINGS
(Exclusions from Coverage Continued)
IN THE CONTRACT AND AS CONTAINED HEREIN, THE CONTRACTING OFFICER MAY HAVE THE
METAL BUILDING SYSTEM REPLACED OR REPAIRED BY OTHERS AND CHARGE THE COST TO
THE CONTRACTOR. IN THE EVENT THE CONTRACTOR DISPUTES THE EXISTENCE OF A
WARRANTABLE DEFECT, THE CONTRACTOR MAY CHALLENGE THE OWNER'S DEMAND FOR
REPAIRS AND/OR REPLACEMENT DIRECTED BY THE OWNER OR CONTRACTING OFFICER
EITHER BY REQUESTING A CONTRACTING OFFICER'S DECISION, UNDER THE CONTRACT
DISPUTES ACT, OR BY REQUESTING THAT AN ARBITRATOR RESOLVE THE ISSUE. THE
REQUEST FOR AN ARBITRATOR MUST BE MADE WITHIN 48 HOURS OF BEING NOTIFIED OF
THE DISPUTED DEFECTS. UPON BEING INVOKED THE PARTIES SHALL, WITHIN 10 DAYS
JOINTLY REQUEST A LIST OF FIVE (5) ARBITRATORS FROM THE FEDERAL MEDIATION AND
CONCILIATION SERVICE. THE PARTIES SHALL CONFER WITHIN 10 DAYS AFTER RECEIPT
OF THE LIST TO SEEK AGREEMENT ON AN ARBITRATOR. IF THE PARTIES CANNOT AGREE
ON AN ARBITRATOR, THE CONTRACTING OFFICER AND THE PRESIDENT OF THE
CONTRACTOR'S COMPANY WILL STRIKE ONE (1) NAME FROM THE LIST ALTERNATIVELY
UNTIL ONE NAME REMAINS. THE REMAINING PERSON SHALL BE THE DULY SELECTED
ARBITRATOR. THE COSTS OF THE ARBITRATION, INCLUDING THE ARBITRATOR'S FEE AND
EXPENSES, COURT REPORTER, COURTROOM OR SITE SELECTED ETC., SHALL BE BORNE
EQUALLY BETWEEN THE PARTIES. EITHER PARTY DESIRING A COPY OF THE TRANSCRIPT
SHALL PAY FOR THE TRANSCRIPT. A HEARING WILL BE HELD AS SOON AS THE PARTIES
CAN MUTUALLY AGREE. A WRITTEN ARBITRATOR'S DECISION WILL BE REQUESTED NOT
LATER THAN 30 DAYS FOLLOWING THE HEARING. THE DECISION OF THE ARBITRATOR
WILL NOT BE BINDING; HOWEVER, IT WILL BE ADMISSIBLE IN ANY SUBSEQUENT APPEAL
UNDER THE CONTRACT DISPUTES ACT. A FRAMED COPY OF THIS WARRANTY SHALL BE
POSTED IN THE MECHANICAL ROOM OR OTHER APPROVED LOCATION DURING THE ENTIRE
WARRANTY PERIOD.
-- End of Section --
SECTION 13120
Page 47
Previous Page
