Dispute Resolution—Mediation and Arbitration
AIA Document B202–2009 establishes duties and responsibilities where the architect provides the owner with programming services. The architect’s programming services are set forth in a series of iterative steps, from a broad identification of priorities, values, and goals of the programming participants to working with the owner to confirm the owner’s objectives for the project. The programming services also include information gathering to develop performance and design criteria and developing a final program of project requirements.
AIA Document B202–2009 may be used in two ways: (1) incorporated into the owner/architect agreement as the architect’s sole scope of services or in conjunction with other scope of services documents, or (2) attached to AIA Document G802™–2007, Amendment to the Professional Services Agreement, to create a modification to an existing owner/architect agreement. B202–2009 is a scope of services document only and may not be used as a stand-alone owner/architect agreement. For use and execution of a document, see its instructions »
AIA Document B202–2009 provides the Architect’s scope of services for Programming in a standard form that the Owner and Architect can modify to suit the needs of the Project. B202–2009 is not a stand-alone document and to become effective it must be incorporated into an owner-architect agreement. It may be used with AIA Document B102™–2007, Standard Form of Agreement Between Owner and Architect, to provide the Architect’s sole scope of services, or with B102–2007 in conjunction with other standard form services documents. It may also be incorporated into any owner-architect agreement when the agreement is executed or used with G802–2007, Amendment to the Professional Services Agreement, to create a modification to any owner-architect agreement.
Article 2 of B202–2009 sets forth the scope of the Architect’s Programming Services in a series of iterative steps, beginning with a broad identification and evaluation of the priorities, values, and goals of the programming participants, which may include numerous entities in addition to the Owner and users of the Project. The Architect then works with the Owner to more narrowly define and confirm the values and goals of the Owner and users of the Project, and to identify the Owner’s objectives for the Project. Throughout the course of the programming activities, the Architect gathers information to develop performance and design criteria for the proposed facility. The Architect provides an initial report to the Owner and then develops a final program of Project requirements that are presented in a final program document. The programming services set forth in Article 2 are the activities that should be undertaken by the Architect to produce the final program, but the services may not necessarily be performed in the sequence set forth in Article 2 or in an entirely linear manner.
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.