Sub-Clause 20 Claims, Disputes and Arbitration and its Appendix A to the General Conditions: and Board” replace and “DB” “Dispute “DAB” “Dispute Adjudication Board” respectively. The term is also “adjudicator” deleted. Sub-Clause 20.1 Contractor’s Claims In the eighth paragraph, the defined period of 42 days” “Within is inserted before Employer’s Representative shall proceed”. “the Further, the following is inserted as a new paragraph after the eight paragraphs: the Employer’s Representative does not respond “If within the timeframe defined in this Clause, either Party may consider that the claim is rejected by the Employer’s Representative and any of the Parties may refer to the Dispute Board in accordance with Sub-Clause 20.4 [Obtaining Dispute Board’s Decision].” Sub-Clause 20.3 Appointment of the Dispute Board In the second paragraph, after (“the members”) to be added each “, of whom shall be fluent in the language for communication defined in the Contract and shall be a professional experienced in the type of construction involved in the Works and with the interpretation of contractual documents.” The following is inserted after the third paragraph: If the Parties have not jointly appointed the DB 21 days before the date stated in the Contract Data and the DB is to comprise persons, each Party shall nominate one member for the approval of the other Party. The first two members shall recommend and the Parties shall agree upon the third member, who shall act as chairman. In the paragraph commencing of the remuneration”, the “The following is added after including the remuneration “members”: “, of any expert whom the DB consults,” The rest of the sub-clause is deleted and replaced by: at any time “If the Parties so agree, they may jointly refer a matter to the DB for it to give its opinion. Neither Party shall consult the DB on any matter without the agreement of the other Party. If a member declines to act or is unable to act as a result of death, disability, resignation or termination of appointment, a replacement shall be appointed in the same manner as the replaced person was required to have been nominated or agreed upon, as described in this Sub-Clause.
Sub-Clause 20 Claims, Disputes and Arbitration and its Appendix A to the General Conditions: “DB” and “Dispute Board” replace “DAB” and “Dispute Adjudication Board” respectively. The term “adjudicator” is also deleted. Sub-Clause 20.1 Contractor’s Claims In the eighth paragraph, “Within the defined period of 42 days” is inserted before “the Employer’s Representative shall proceed”. Further, the following is inserted as a new paragraph after the eight paragraphs: “If the Employer’s Representative does not respond within the timeframe defined in this Clause, either Party may consider that the claim is rejected by the Employer’s Representative and any of the Parties may refer to the Dispute Board in accordance with Sub-Clause 20.4 [Obtaining Dispute Board’s Decision].” Sub-Clause 20.3 Appointment of the Dispute Board In the second paragraph, after (“the members”) to be added “, each of whom shall be fluent in the language for communication defined in the Contract and shall be a professional experienced in the type of construction involved in the Works and with the interpretation of contractual documents.” The following is inserted after the third paragraph: If the Parties have not jointly appointed the DB 21 days before the date stated in the Contract Data and the DB is to comprise persons, each Party shall nominate one member for the approval of the other Party. The first two members shall recommend and the Parties shall agree upon the third member, who shall act as chairman. In the paragraph commencing “The of the remuneration”, the following is added after “members”: “, including the remuneration of any expert whom the DB consults,” The rest of the sub-clause is deleted and replaced by: “If at any time the Parties so agree, they may jointly refer a matter to the DB for it to give its opinion. Neither Party shall consult the DB on any matter without the agreement of the other Party. If a member declines to act or is unable to act as a result of death, disability, resignation or termination of appointment, a replacement shall be appointed in the same manner as the replaced person was required to have been nominated or agreed upon, as described in this Sub-Clause.