Content.
Changes from the previous edition
Dispute Resolution—Mediation and Arbitration
Synopsis.
AIA Document G733–2019 serves the same purpose as AIA Document G714™–2017, except that this document expands responsibility for signing construction change directives to include both the architect and the construction manager.
For use and execution of a document, see its instructions »
Purpose.
AIA Document G733–2019 is a directive for changes in the Work which, if not implemented expeditiously, might delay the Project. In contrast to a Change Order (G731™), AIA Document G733 is to be used where the Owner and the Contractor have not reached agreement on proposed changes in the Contract Sum or Contract Time. Upon receipt of the completed G733, the Contractor must promptly proceed with the Change in the Work described therein.
Related documents.
This document should be used under the terms of AIA Document A232™–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition.
Changes from the previous edition (G714 CMa-1992).
G733-2019 includes a revised information block to identify the Project, Contract, Owner, Architect, Construction Manager, Contractor, and information relevant to the Construction Change Directive. G733 also includes a modified checkbox for proposed adjustments that use a cost plus a Contractor’s fee method of adjustment. The new version allows the parties to insert the Contractor’s fee and a definition of, or a method for determining, costs that are reimbursable to the Contractor.
Dispute Resolution—Mediation and Arbitration.
This document contains provisions for mediation and arbitration of claims and disputes. Mediation is a non-binding process but is mandatory under the terms of this agreement. Arbitration may be mandatory under the terms of this agreement. Arbitration is binding in most states and under the Federal Arbitration Act. In a minority of states, arbitration provisions relating to future disputes are not enforceable but the parties may agree to arbitrate after the dispute arises. Even in those states, under certain circumstances (for example, in a transaction involving interstate commerce), arbitration provisions may be enforceable under the Federal Arbitration Act.
The AIA does not administer dispute resolution processes. To submit disputes to mediation or arbitration or to obtain copies of the applicable mediation or arbitration rules, contact the American Arbitration Association at (800) 778-7879 or visit the website at adr.org.