Summary
AIA Document C441™–2024 establishes the contractual relationship between the architect and a consultant providing services to the architect on a design-build project. AIA Document C441–2024 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. C441–2024 was written to ensure consistency with AIA Document B141™–2024, Standard Form of Agreement Between Design-Builder and Architect for a Traditional Design-Build Project and AIA Document B141™PDB–2024, Standard Form of Agreement Between Design-Builder and Architect for a Progressive Design-Build Project, and with other documents in the AIA 2024 Design-Build family of documents.
Does the AIA’s design-build architect-consultant agreement incorporate the terms of an existing agreement between an architect and a design-builder?
Yes, C441–2024 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 Agreement referenced in AIA Document C441–2024?
B141™–2024, Standard Form of Agreement Between Design-Builder and Architect for a Traditional Design-Build Project, or B141™PDB–2024, Standard Form of Agreement Between Design-Builder and Architect for a Progressive Design-Build Project may be used as the Prime Contract referenced in C441–2024.
Which method of binding dispute resolution is used within C441–2024?
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, C441–2024 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.