Dispute Resolution—Mediation and Arbitration
AIA Document C141–2014, provides a standard form for the upfront services an owner may require when considering design-build delivery. The consultant, who may or may not be an architect or other design professional, may perform a wide-ranging array of services for the owner, including programming and planning, budgeting and cost estimating, project criteria development services, development of bridging documents, and services in connection with construction of the Project. AIA Document C141–2014 consists of the Agreement and Exhibit A, Consultant’s Services. Exhibit A provides a menu of briefly described services that the parties can select and augment to suit the needs of the project. For use and execution of a document, see its instructions »
AIA Document C141–2014 replaces AIA Document B142–2004 and consists of the Agreement portion and one exhibit, Exhibit A, Consultant’s Services. C141–2014 establishes the contractual arrangement between an Owner contemplating the design-build method of project delivery and the Consultant, who may or may not be an architect. C141 does not provide a fixed scope of consultant’s services but instead provides in Exhibit A an extensive menu of services from which the Owner and Consultant may select. Where applicable law requires that services are performed by licensed professionals, the consultant shall provide those services through the performance of persons or entities so licensed.
Exhibit A sections have the prefix “A.” before the numbers to distinguish them from the section designations in the Agreement. The Standard Form Exhibit may be used as-is, modified, or replaced with custom exhibits of the parties’ creation.
Design-Build is a process in which the Owner contracts directly with one entity to provide both the design and construction of the project. The Design-Builder may be a design-build entity, an architect, construction contractor, real estate developer, or any other person or entity legally permitted to do business as a design-builder in the jurisdiction where the project is located. The design-builder’s organization may take a variety of legal forms, such as a sole proprietorship, a partnership, a joint venture, or a corporation. An architect or architectural firm choosing to function as a design-builder may directly contract to perform design-build services or, alternatively, may form a separate corporate entity or joint venture for design-build.
Prior to entering into this agreement, any person or entity that wishes to act as the design-builder should consult its legal counsel and insurance advisers. Some states may restrict or prohibit design-build practices under statutes that regulate architectural registration, contractor licensing, or incorporation of professionals.
AIA Document C141–2014 is published in conjunction with six other documents in the 2014 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
A441™–2014, Agreement Between Contractor and Subcontractor for a Design-Build Project
B143™–2014, Agreement Between Design-Builder and Architect
C441™–2014, Agreement Between Architect and Consultant for a Design-Build Project
G744™–2014, Certificate of Substantial Completion for 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, write to the American Arbitration Association or call (800) 778-7879. The American Arbitration Association may also be contacted at adr.org.