FAQs: Disputes, claims, arbitrations, and litigations

On claims – 

How do I assert a claim or resolve a dispute concerning my project?

Your contract (the agreement or general conditions) may describe how claims involving your project should be made or how disputes are to be resolved. For example, Section 15.1 of AIA Document A201®, General Conditions of the Contract for Construction, sets forth how claims are to be asserted, and Sections 15.2, 15.3, and 15.4 describe required dispute resolution procedures.

AIA Contract Documents does not provide legal advice or counsel about resolving disputes in particular situations. Only a lawyer who practices in your jurisdiction is qualified to advise you about such matters.

How do I assert a claim against an architect that I hired?

If you wish to assert a claim against an architect in mediation, arbitration, or in court, you should follow the provisions in your Owner/Architect agreement, and in accordance with the law of your jurisdiction. 

AIA Contract Documents does not provide legal advice or counsel about resolving disputes in particular situations. Only a lawyer who practices in your jurisdiction is qualified to advise you about such matters.

If you wish to assert a claim against an architect in a state licensing proceeding, you should contact the state agency responsible for the licensing of architects. Contact The American Institute of Architects if you wish to file an ethics complaint against one of its members.

Can you tell me where to contact the surety on my project or how to make a claim against the surety?

No. AIA Contract Documents publishes forms for sureties to use in issuing bid bonds, performance bonds, and labor, and material payment bonds. It does not have information about sureties that issue bonds or about any bonds that have been issued.

Your contract (the agreement or general conditions) may describe how you may obtain a copy of a bond. For example, for a project governed by AIA Document A201®–2007, General Conditions of the Contract for Construction, Section 11.4.2 requires the Contractor to furnish a copy of a payment bond to any potential beneficiary upon request. In addition, Section 13.6 of AIA Document A401™–2007, Standard Form of Agreement Between Contractor and Subcontractor, contains a similar provision.

 

On arbitration –

How do I start an arbitration proceeding?

Your contract (the agreement or general conditions) may describe how to begin arbitration of a dispute. For example, for a project governed by AIA Document A201®, General Conditions of the Contract for Construction, Section 15.4 describes how to start arbitration.

Does the AIA publish rules for arbitration?

No, AIA Contract Documents does not publish rules for arbitration. The arbitration rules referenced in certain documents are the Construction Industry Arbitration Rules published by the American Arbitration Association (AAA)

Does AIA Contract Documents publish a demand for arbitration or other forms of notice to commence arbitration?

No. AIA Contract Documents does not publish any forms for use in an arbitration proceeding.

Where can I get information about arbitrations in projects using AIA Contract Documents?

Arbitration proceedings are generally not public. AIA Contract Documents does not maintain any information on arbitration proceedings, decisions, or awards in projects.

Does AIA Contract Documents provide arbitrators or other arbitration services?

No. AIA Contract Documents does not provide arbitration services or arbitrators.

Can you recommend an arbitrator or mediator?

No. AIA Contract Documents does not make referrals for arbitrators, mediators for arbitration or mediation proceedings.

Can AIA Contract Documents assist me in an arbitration or court case?

No. AIA Contract Documents does not provide expert witnesses, legal advice, or counsel about resolving disputes in particular situations.

 

On liens –

How do I file a lien concerning my project?

No. AIA Contract Documents does not provide legal advice or counsel about how to file a mechanic’s lien or any other lien. Only a lawyer who practices in your jurisdiction is qualified to advise you about such matters.

 

On subject matter experts – 

Can you recommend an inspector to review a Contractor’s work?

No. AIA Contract Documents does not make referrals for inspection services.

Can the AIA recommend an expert witness on the subject of architects, construction, or AIA Contract Documents?

No. AIA Contract Documents does not make referrals for expert witness services.

 

On project information – 

Does the AIA have information on projects where AIA Contract Documents have been used?

No. AIA Contract Documents does not obtain or maintain information on what projects use AIA Contract Documents or the contents of any agreements utilizing AIA Contract Documents.

Can the AIA provide me copies of AIA Contract Documents that have been used for particular projects?

No. AIA Contract Documents does not obtain or maintain information on which projects utilize AIA Contract Documents or the contents of any agreements entered into using AIA Contract Documents.

 

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