‘ARBITRATION OF DISPUTES’ Any controversy arising out of the design or construction of this project or regarding interpretation of this contract or any subcontract or sub-subcontract shall be submitted to expedited arbitration.  Arbitration shall be had in accordance with the applicable rules of DMA Dispute Management & Avoidance in effect at the time the parties entered into this agreement (trustDMA.com).  The neutral arbitrator shall be a non-lawyer, shall be a licensed General Contractor or Architect with a minimum of 15 years experience in design & construction, and shall have completed  an Arbitrator certification program.

The Owner, General Contractor, Subcontractors, Sub-Subcontractors, Material Suppliers, and other parties concerned with the design or construction of this project are bound to each other, by this arbitration clause provided the party has signed this contract, or has signed a contract that incorporates this contract by reference, or signs any other agreement to be bound by this arbitration clause.  On demand of the arbitrator, any party subject to an arbitration initiated under the provisions of this contract agrees to join in, become a party to, and be bound by such expedited arbitration proceedings.

This is an expedited dispute resolution process.  There is an inherent risk of having inadequate time to obtain an attorney, or a subpoena, as well as a small risk of loss of confidentiality.  By signing this agreement, the parties waive the right to an attorney unless their attorney is present at the hearing.  The party must be served with the ‘demand to arbitrate’.  Mail or delivery of the “demand to arbitrate” to the parties address as listed in this contract, signed for by any adult at the address, shall be considered legitimate service.  If either party is unable or unwilling to attend a hearing in person, they may, solely at their own choice and expense, participate at any hearing via speaker phone or fax.  If any party refuses or neglects to appear at or to participate in any arbitration proceeding, the arbitrator is empowered to decide the controversy in accordance with whatever evidence is presented by the party or parties who do participate.

Either party may bring advocates, witnesses or experts as they deem necessary.  The Arbitrator is authorized to clarify the contract or specifications, direct work to be done (or redone), and/or award a monetary settlement for either party.  The award (if any) shall be limited to what is reasonable and fair.  The Arbitrator may also facilitate and direct the cancellation of the contract if so requested by either party.

OS Expedited Arbitration:  In the event a dispute arises before the commencement of, or during construction, either party may file for OS (On Site) Arbitration.  In accordance with the applicable rules of DMA Dispute Management & Avoidance (trustDMA.com), the OS Hearing shall take place directly at the jobsite, and shall be held within 2 days of serving the other party the “demand to arbitrate”.  The decision shall be made within 2 days of the OS Hearing (subject to the availability of the arbitrator).  The OS Hearing may be informal, but it shall be binding and enforceable by the courts.  Each party shall bear their own costs regardless of outcome. 

Expedited Arbitration:  If a controversy arises after the conclusion or cession of work, expedited arbitration shall be had in accordance with the applicable rules of DMA Dispute Management & Avoidance.  Arbitration shall be held within 5 days of filing and the decision shall be made within 5 days of the conclusion of the hearing.  The prevailing party may recover costs and expenses.


“NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL.  BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY OR APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION.  IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE BUSINESS AND PROFESSIONAL CODE OR OTHER APPLICABLE LAWS.  YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.  EXPEDITED ARBITRATION SHALL BE HAD IN ACCORDANCE WITH THE APPLICABLE RULES OF DMA DISPUTE MANAGEMENT IN EFFECT AT THE TIME THE PARTIES ENTERED INTO THIS AGREEMENT.  ANY SUBSEQUENT ARBITRATION HEARING SHALL BE HAD AS DIRECTED ABOVE, WITHOUT FAIL WITHIN 10 DAYS OF FILING.                                                                                                                  

“WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION TO NEUTRAL ARBITRATION.”


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DMA Dispute Management & Avoidance

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THIS SAMPLE IS NOT INTENDED TO BE LEGAL ADVICE CONSULT YOUR ATTORNEY

THIS SAMPLE IS NOT INTENDED TO BE LEGAL ADVICE CONSULT YOUR ATTORNEY