Does the AIA’s design-build architect-consultant agreement incorporate the terms of an existing agreement between an architect and a design-builder?
Yes, C441–2014 assumes there is a pre-existing contract between the design-builder and architect, referred to as the Prime Agreement. To the extent that the provisions of the Prime Agreement apply to the work of the consultant, the architect-consultant agreement incorporates the terms of the Prime Agreement by reference.
Which AIA agreement serves as the Prime Contract referenced in C441–2014?
B143™–2014, Agreement Between Design-Builder and Architect, may be used as the Prime Agreement referenced in C441–2014.
Which method of binding dispute resolution is used within C441–2014?
For any claim relating to a claim between the Architect and Design-Builder, the Architect and Consultant agree to follow the dispute resolution procedures set forth in the Architect’s agreement with the Design-Builder. For all other claims, C441–2014 uses the checkbox approach to binding dispute resolution. Parties have the option to choose from three methods of binding dispute resolution: (1) arbitration, (2) litigation or (3) another method that the parties must identify. Other types of dispute resolution the parties might identify include a dispute resolution board or a mini-trial.