1. The following is a general guidance. Where this guidance is not consistent with the terms of the contract, the contract language controls.
2. Absent a specific provision in the contract documents, the party asserting a claim or dispute should first attempt to resolve the matter through discussions with all concerned parties. The party asserting a dispute should provide to all other parties a written notice identifying the dispute or claim, and the parties should attempt to cooperatively resolve any such dispute or claim.
3. In the event that the dispute cannot be resolved by the parties, General Counsel should be notified and, with the consent of General Counsel, the parties may participate in mediation. A mediator mutually agreed upon by the parties will conduct the process. Mediation will be voluntary, non-binding and all proceedings will be subject to the terms of the contract and applicable provisions of Arkansas law.
4. Notwithstanding anything to the contrary, if any dispute arises between the parties, whether or not it requires the use of dispute resolution procedures, in no event, nor for any reason, may the contractor, architect or engineer interrupt the provision of such services/performance to the campus or unit, or perform any other action that prevents, slows down or reduces in any way, the provisions of services under this Agreement unless: (a) authority to do so is granted by campus or unit; or (b) the Agreement has been terminated by the campus or unit.
5. The campus or unit may not agree to litigate claims in court or to arbitrate claims. Nothing done to resolve a dispute may be construed to waive the sovereign immunity of the State of Arkansas or any entities of the State.