Dispute Resolution—Mediation and Arbitration
AIA Document A421–2018 is a Master Agreement between the Contractor and Subcontractor. It is intended for use when the Subcontractor’s scope of Work will subsequently be specified through one or more Work Orders. A421-2018 provides only the common terms and conditions that will apply to each Work Order. Use of A421 plus a Work Order creates a contract that includes both the terms and the scope of Work. A421-2018 is coordinated for use with AIA Document A422™–2018, Work Order for use with Master Agreement Between Contractor and Subcontractor. The Master Agreement plus Work Order contracting method allows multiple scopes of Work to be issued quickly without renegotiating the terms and conditions of the Contract. For use and execution of a document, see its instructions »
AIA Document A421–2018 is a Master Agreement between the Contractor and Subcontractor. This document adopts by reference AIA Document A201®–2017, General Conditions of the Contract for Construction, and a pre-existing Prime Contract between the Contractor and Owner. If another general conditions document will be used, modify A421-2018 to refer to that general conditions document instead of AIA Document A201-2017. This Master Agreement is intended for use when the Subcontractor’s scope of Work is specified through one or more Work Orders. The parties may agree to the Master Agreement subsequent to signing the Work Order. A421-2018 provides only the common terms and conditions that will apply to each Work Order. Use of A421 plus a Work Order creates a contract that includes both the terms and the scope of Work.
AIA Document A421–2018 is not a stand-alone agreement and must be used with AIA Document A422–2018, Work Order for use with Master Agreement Between Contractor and Subcontractor to establish the Contract for construction. It is important for users to note that A421–2018 and each executed Work Order are considered a separate contract for a discrete scope of Work. This document has been prepared for use with multiple Work Orders between the Contractor and Subcontractor, A422-2018.
AIA Document A421–2018 does not include a Subcontractor’s scope of Work. The scope of Work must be added by Work Order to form the Subcontract for construction. A421–2018 has been coordinated for use with AIA Document A422–2018, Work Order. When used with a non-AIA Work Order, it is important to carefully coordinate the documents.
Before transmitting Instruments of Service or other information in digital form, parties should establish protocols for that transmission. The parties may consider using AIA Documents E203™–2013, Building Information Modeling and Digital Data Protocol Exhibit; G201™–2013, Project Digital Data Protocol Form; and G202™–2013, Project Building Information Modeling Protocol Form, for that purpose.
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.