FEES AND COSTS
Effective July 15, 2007
MEDIATION AND ARBITRATION
Fees shall be charged on an hourly basis starting at a minimum fee of $200.00 per hour depending on the complexity of the dispute, the number of Parties involved in the dispute, the expertise required of the CDRS Dispute Resolution Specialist(s) and on the geographic area in which the dispute resolution process will be conducted. If a binding arbitration requires a three-person panel or a mediation requires the services of multiple mediators, each ADR Specialist shall be compensated according to their individual fee requirements. CDRS does not charge any up-front or separate administrative fees as the CDRS administrative fees are included in the hourly fees of the CDRS ADR Specialist. A minimum charge of five hours shall be charged for each case unless a prior written agreement has been executed with CDRS. Reimbursable costs and expenses, described below, shall be added to the hourly fees. Each case requires a non-refundable $350 filing fee at the time that a “Request for Dispute Resolution Services” is submitted to CDRS.
DISPUTE REVIEW BOARDS AND PARTNERING
Dispute Review Boards, Partnering and related ADR process agreements shall be negotiated for each project. Fees and related costs may vary according to whether the CDRS Dispute Resolution Specialist is a general member of the panel or is serving as the chair. The specific construction knowledge and experience required of the CDRS Dispute Resolution Specialist and the geographic location of the construction project will also determine the appropriate fees and related costs for the CDRS Dispute Resolution Specialist.
GENERAL CONTRACTOR FAST TRACK AGREEMENTS
Residential and commercial “Fast Track Agreements” shall be executed prior to the commencement of a construction project and shall require a non-refundable $350 filing fee. The filing fee shall be payable at the same time as the Fast Track Agreement is completed and signed. Each “Request for Dispute Resolution Services” that is subsequently filed that is related to the Fast Track Agreement will require a non-refundable $250 administrative fee.
EXPERT SERVICES
The hourly fee for a CDRS Specialist who will serve as a construction expert in a mediation, arbitration, civil litigation or other dispute resolution proceeding shall be charged at a minimum of $150 per hour, depending on the complexity of the case, the specific construction knowledge and experience required of the CDRS Specialist and on the geographic area in which the dispute is located. Additional costs for travel and other related costs are covered below, and should be added to the fees for expert services. Each case will be charged a non-refundable $350 administrative fee at the time that a “Request for Expert Services is submitted to CDRS.
REIMBURSABLE COSTS AND EXPENSES
CHARGEABLE TIME - Chargeable time shall include, but
is not limited to: case review and preparation time, telephone calls,
pre-session meetings, jobsite visits, all time spent during the dispute
resolution session or while rendering professional services and all time spent
after an arbitration, med-arb, arb-med or binding mediation including jobsite
visits, post hearing review time and other related time needed to write the
final award or to render the final decision.
OUT OF POCKET EXPENSES - Any applicable reimbursable expenses which
include but are not limited to: conference room(s) rental, long distance
telephone charges, copying costs, special mailing costs, personal delivery fees,
legal filing fees and other related expenses shall be fully reimbursable.
TRAVEL EXPENSES - Reimbursable travel expenses include airfare at coach
rates and all taxis, shuttles or car rental expenses. If using a personal
automobile, mileage will be reimbursed based upon current IRS rates from the
residence or office of the CDRS Specialist to the location of the ADR process.
Lodging costs incurred shall also be charged and are reimbursable. Meals shall
be reimbursed on a per diem rate of $75 per day. Travel time from the home or
office of the ADR Specialist shall be billed at a rate equal to one-half (1/2)
of the regular hourly rate. Overnight stays required before or after an ADR
process shall be billed at a rate of $450 per overnight stay.
CANCELLATION OR POSTPONEMENT CHARGES - Any scheduled ADR process that is
cancelled more than 21 days in advance of the scheduled ADR process date shall
receive a full deposit refund less applicable administrative charges incurred.
Any scheduled ADR process that is cancelled between 7 and 21 days in advance of
the scheduled ADR process date shall receive a 50% deposit refund less
applicable administrative charges incurred. Any scheduled ADR process that is
cancelled less than 7 days in advance of the scheduled date shall receive a 25%
deposit refund less applicable administrative charges incurred. If the session
is permanently cancelled or postponed for more than 60 days, all time and
expenses of the CDRS ADR Specialist that have accumulated and all prepaid
expenses such as airfare expenses, non-refundable meeting room rentals, etc. are
also fully chargeable to the parties and are to be considered reimbursable
expenses and shall be deducted from any refunds.
PARTIES RESPONSIBILITIES RELATED TO COSTS - Unless a construction
contract or other written agreement specifies the allocation of dispute
resolution fees and costs, both parties shall share the cost of the dispute
resolution process equally although personal attorneys and witnesses or
specialists are the direct responsibility of each party and their fees and
expenses shall be the responsibility of the individual parties.
LATE CHARGES - Any outstanding balances that are not paid within 30 days
of the date of invoice shall be charged a 1 ½% monthly late charge until the
outstanding balance has been paid in full.
OTHER RELATED INFORMATION – Please review the CDRS
applicable mediation, arbitration or DRB rules and procedures for other
information related to fees and costs. Please be advised that Advisory Opinions,
Mediation Settlement Agreements and Arbitration Awards, Expert opinions, etc.
may experience a delay in their issuance due to non-payment of fees and costs as
specified in the applicable rules and procedures.
(NOTE: APPLICABLE GROSS RECEIPTS TAXES OR OTHER APPLICABLE STATE TAXES
SHALL BE ADDED TO ALL FEES AND APPLICABLE CHARGES)