Step 2: Procedure for Dispute
As per Cl 25.1, if the Contractor considers that a decision taken by the Project Manager was either outside his authority or wrongly taken, the decision shall be referred to the Adjudicator within 14 days of the notification of the Project Manager’s decision for detail please refer▬►PPMO: SBD for Bridge, GCC Clouse 25.1: Procedure for Dispute .
25. Procedures for Disputes
25.1 If any dispute shall arise due to the decision taken by the Project Manager, which the Contractor believes was either outside the authority given to the Project Manager by the Contract or that the decision was wrongly taken, then the parties shall attempt to settle such dispute amicably within 15 days of the notification of the Project Manager’s decision. However if the dispute is not settled amicably or no attempt is made to settle the dispute amicably then the decision shall be referred to the Adjudicator or DRB as specified in Bidding Data/ SCC within 30 days of the notification of the Project Manager’s decision.
25.2 The Adjudicator or DRB shall give a decision in writing within 30 days of receipt of a reference of a dispute pursuant to Sub- Clause 25.1.
25.3 The Adjudicator or the DRB Members shall be paid by the hour at the rate specified in the SCC, together with reimbursable expenses of the types specified in the SCC, and the cost shall be divided equally between the Employer and the Contractor, whatever decision is reached by the Adjudicator or DRB. Either party may refer a decision of the Adjudicator or DRB to an Arbitrator within 30 days of the Adjudicator’s or DRB’s written decision. If neither party, refers the dispute to arbitration within the above 30 days, the Adjudicator’s or the DRB’s decision will be final and binding.
25.4 In case of arbitration, the arbitration shall be conducted in accordance with the arbitration procedures published by the institution named and in the place shown in the SCC.