Summary
AIA Document A441™–2024 establishes the contractual relationship between the design-builder and subcontractor for a design-build project. AIA Document A441–2024 incorporates by reference the terms and conditions of A141™–2024, Standard Form of Agreement Between Owner and Design-Builder for a Traditional Design-Build Project, or A141™PDB–2024, Standard Form of Agreement Between Owner and Design-Builder for a Progressive Design-Build Project and was written to ensure consistency with the AIA 2024 Design-Build family of documents. Because subcontractors are often required to provide professional services on a design-build project, A441–2024 provides for that possibility.
Does the AIA publish an agreement form between a Design-Builder and a Subcontractor for a Design-Build project where the Design-Builder is retained by the Owner?
Yes, AIA Document A441–2014, Standard Form of Agreement Between Design-Builder and Subcontractor for a Design-Build Project.
Does the AIA’s design-build subcontract incorporate the terms of an existing agreement between a contractor and design-builder?
Yes, A441–2014, assumes there is a pre-existing contract between the design-builder and owner, referred to as the Prime Agreement. To the extent that the provisions of the Prime Agreement apply to the work of the subcontractor, the subcontract incorporates the terms of the Prime Agreement by reference.
Which AIA agreement serves as the Prime Agreement referenced in AIA Document A441–2024?
A141™–2024, Standard Form of Agreement Between Owner and Design-Builder for a Traditional Design-Build Project, or A141™PDB–2024, Standard Form of Agreement Between Owner and Design-Builder for a Progressive Design-Build Project may be used as the Prime Contract referenced in A441–2024.
Which method of binding dispute resolution is used within A441–2024?
A441–2024 uses the checkbox approach to binding dispute resolution. Parties using this subcontract 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 binding dispute resolution the parties might identify include a dispute resolution board or a mini-trial.