Dispute Resolution—Mediation and Arbitration
AIA Document A441–2014 establishes the contractual relationship between the contractor and subcontractor in a design-build project. AIA Document A441–2014 incorporates by reference the terms and conditions of AIA Document A142™–2014, Standard Form of Agreement Between Design-Builder and Contractor, and was written to ensure consistency with the AIA 2014 Design-Build family of documents. Because subcontractors are often required to provide professional services on a design-build project, A441–2014 provides for that possibility. For use and execution of a document, see its instructions »
AIA Document A441™–2014 establishes the contractual relationship between the Contractor and Subcontractor for a design-build project. The completed A441–2014 document will form an Agreement where the duties and responsibilities of the Contractor under the Prime Contract pass to the Subcontractor with respect to a portion of the work designated in the completed A441–2014 document.
A441–2014 incorporates by reference a pre-existing Design-Builder/Contractor Agreement known as the Prime Contract. AIA Document A142–2014, Agreement Between Design-Builder and Contractor, is the agreement most frequently used to establish the Prime Contract.
AIA Document A441–2014 is published in conjunction with six other documents in the Design-Build Family of Documents. This family of documents is intended to govern the relationships among the parties to a design-build project.
A141™–2014, Agreement Between Owner and Design-Builder
A142™–2014, Agreement Between Design-Builder and Contractor
B143™–2014, Agreement Between Design-Builder and Architect
C141™–2014, Agreement Between Owner and Consultant for a Design-Build Project
C441™–2014, Agreement Between Architect and Consultant for a Design-Build Project
G744™–2014, Acknowledgement of Substantial Completion of a Design-Build Project
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.