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SERVICES
INITIAL DECISION MAKER/PROJECT NEUTRAL SERVICES*:
Many new contracts, including the 2007 version of the popular contract forms issued by the AIA and ConsensusDOCS (formerly the AGC documents) provide for a project neutral to help parties resolve problems while the project progresses and before small problems accumulate into much larger problems.
Neutral services are based on the idea that the neutral is already familiar with the Project and its progress so that he or she is prepared to evaluate disputes when they arise. When performing neutral services, we are paid from Project funds, and provide a recommended solution to the dispute in a brief, but reasoned opinion. At the time of contracting, the parties must agree that submission of the dispute is a condition to filing suit, and that the neutral's decision shall be admissible into evidence. Accordingly, while all parties keep the right to file suit, they will have to convince the judge or jury that the neutral was wrong. Statistics show that this approach results in very few disputes going to Court-which is why the AIA and ConsensusDOCS added these provisions to their 2007 form contracts.
The general scope of these services include:
Drafting and negotiation of a contract rider to fully explain the scope of the services and to fill out the gaps in the form contract language;
Advance review of the Prime Contract and Scope of Work;
Monthly in-house review of all periodic reports, including meeting minutes and schedule updates;
Review and investigation of any claims or disputes based on a schedule the emphasizes real-time resolution;
Prompt issuance of a recommended solution that explains the basis of the recommendation.
* Project Neutral Services are not offered on projects where current firm clients are among the contracting parties.
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