SECTION .0400 – DUTIES OF PARTIES AND OTHER PARTICIPANTS IN

FORMAL DISPUTE RESOLUTION PROCESS

 

01 ncac 30h .0401          Attendance

(a)  All parties to the dispute originally presented to the

Designer or Prime Contractor for initial resolution shall attend the mediation. 

Failure of a party to a construction contract dispute to attend the mediation

shall result in the public owner's withholding of monthly payment to that party

until such party attends the mediation.

(b)  Only physical attendance, and not attendance by

telephone or other electronic means, shall constitute attendance.  Any attendee

on behalf of a party must have authority from that party to bind it to any

agreement reached as a result of the mediation.

(c)  Attorneys on behalf of parties may attend the mediation

but are not required to do so.

(d)  Sureties or insurance company representatives are not

required to attend the mediation unless any monies paid or to be paid as a

result of any agreement reached as a result of mediation require their presence

or acquiescence.  If such agreement or presence is required, then authorized

representatives of the surety or insurance company must attend the mediation.

 

History Note:        Authority G.S. 143-135.26(10), (11); S.L.

2001-496, s. 14(b);

Temporary Adoption Eff. July 1, 2002;

Eff. August 1, 2004.