FAQs: A441™ – 2014, Standard Form of Agreement Between Contractor and Subcontractor for a Design-Build Project

 A441™–2014, Standard Form of Agreement Between Contractor and Subcontractor for a Design-Build Project

Does the AIA publish an agreement form between a Contractor and a Subcontractor for a Design-Build project where the Contractor is retained by the Design-Builder?

Yes, AIA Document A441–2014, Standard Form of Agreement Between Contractor and Subcontractor for a Design-Build Project.

Note: AIA Document A145™–2015, Standard Form of Agreement Between Owner and Design-Builder for a One or Two Family Residential Project, assumes that the Design-Builder will self-perform most design and construction services. Although A145 shares some similarities with other documents in the AIA’s Design-Build family, A145 is not coordinated for use with those documents, and should NOT be used in tandem with agreements in the Design-Build family without a careful side-by-side comparison of contents.

 

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 contractor, referred to as the Prime Contract. To the extent that the provisions of the Prime Contract apply to the work of the subcontractor, the subcontract incorporates the terms of the Prime Contract by reference.

 

Which AIA agreement serves as the Prime Contract referenced in AIA Document A441–2014?

A142™–2014, Standard Form of Agreement Between Design-Builder and Contractor may be used as the Prime Contract referenced in A441–2014.

 

Which method of binding dispute resolution is used within A441–2014?

A441–2014, Agreement Between Contractor and Subcontractor for a Design-Build Project, 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.

 

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