Content.
Dispute Resolution—Mediation and Arbitration
Synopsis.
AIA Document C172–2014 is a standard form agreement between owner and program manager for use on a single project. The program manager assists the owner in an advisory capacity on matters that impact the project during design and construction. The program manager’s basic services include creating a program management plan to describe the scope of the project and related requirements, managing project-related information, developing a budget and schedule, and establishing quality control guidelines. C172-2014 also contains cost estimating and construction administration services that the parties may select as additional services.
Unlike in the Construction Manager as Adviser family of documents, where the construction manager has some shared responsibilities with the architect, in C172 the program manager does not have shared responsibilities with other project participants or authority to act directly on behalf of the owner with respect to the responsibilities of the architect or contractor. C172–2014 is primarily intended to be used with the A201®–2017 family of documents. For use and execution of a document, see its instructions »
Purpose.
AIA Document C172–2014 is a standard form agreement between owner and program manager for use on a single project. The program manager assists the owner in an advisory capacity on matters that impact the project during design and construction. The program manager’s basic services include creating a program management plan to describe the scope of the project and related requirements, managing project-related information, developing a budget and schedule, and establishing quality control guidelines. C172-2014 also contains cost estimating and construction administration services that the parties may select as additional services. Unlike in the Construction Manager as Adviser family of documents, where the construction manager has some shared responsibilities with the architect, in C172 the program manager does not have shared responsibilities with other project participants or authority to act directly on behalf of the owner with respect to the responsibilities of the architect or contractor.
Related documents.
C172–2014 is primarily intended to be used with the A201–2017 family of documents. Before transmitting Instruments of Service or other information in digital form, parties should establish protocols for that transmission.
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 is also 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, write to the American Arbitration Association or call (800) 778-7879. The American Arbitration Association may also be contacted at adr.org.