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.