Claims, Grievances and Other Disputes with Contractors

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· Disputes – Disputes arising in the performance of a Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of

the GCTD's Executive Director. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Board Chairman. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the GCTD shall be binding upon the Contractor and the Contractor shall abide be the decision.

 

· Performance During Dispute – Unless otherwise directed by the GCTD, the Contractor shall continue performance under a Contract while matters in dispute are being resolved.

 

· Claims for Damages – Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage.

 

· Remedies – Unless the contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the GCTD and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State of Texas.

 

· Rights and Remedies – The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. No action or failure to act by the GCTD or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.