Content.
Dispute resolution—mediation and arbitration
Synopsis.
AIA Document C441–2014 establishes the contractual relationship between the architect and a consultant providing services to the architect on a design-build project. AIA Document C441–2014 is suitable for use with all types of consultants, including consulting architects and may be used with a variety of compensation methods. C441 assumes and incorporates by reference a preexisting prime agreement between the design-builder and architect. C441–2014 was written to ensure consistency with AIA Document B143™–2014, Standard Form of Agreement Between Design-Builder and Architect, and with other documents in the Design-Build family of documents. For use and execution of a document, see its instructions »
Purpose.
AIA Document C441–2014 is a standard form of agreement to be used by the Architect and the Consultant providing services to the Architect for a design-build project to establish their responsibilities to each other and their mutual rights under the Agreement. C441–2014 is most often used to provide usual and customary mechanical, electrical and structural engineering services to the Architect. C441 has been developed, however, to be suitable for use with all types of Consultants, including consulting architects. This document may be used with a variety of compensation methods.
Related documents.
AIA Document C441–2014 incorporates by reference a pre-existing Design-Builder/Architect Agreement known as the Prime Agreement. AIA Document B143–2014, Agreement Between Design-Builder and Architect, is the agreement most frequently used to establish the Prime Agreement.
AIA Document C441–2014 is published in conjunction with six other documents in the Design-Build Family of Documents. This family of documents is intended to govern the relationships among the parties to a design-build project.
A141™–2014, Agreement Between Owner and Design-Builder
A142™–2014, Agreement Between Design-Builder and Contractor
A441™–2014, Agreement Between Contractor and Subcontractor for a Design-Build Project
B143™–2004, Agreement Between Design-Builder and Architect
C141™–2014, Agreement Between Owner and Consultant for a Design-Build Project
G744™–2014, Certificate of Substantial Completion for a Design-Build Project
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.