Dispute Resolution—Mediation and Arbitration
AIA Document A195–2008 is a standard form of agreement between owner and contractor for a project that utilizes integrated project delivery (IPD). AIA Document A195–2008 primarily provides only the business terms and conditions unique to the agreement between the owner and contractor, such as compensation details and licensing of instruments of service. A195 does not include the specific scope of the contractor’s work; rather, it incorporates by reference AIA Document A295™–2008, General Conditions of the Contract for Integrated Project Delivery, which sets forth the contractor’s duties and obligations for each of the six phases of the project, along with the duties and obligations of the owner and architect. Under A195–2008, the contractor provides a guaranteed maximum price. For that purpose, the agreement includes a guaranteed maximum price amendment at Exhibit A. For use and execution of a document, see its instructions »
Integrated Project Delivery is a project delivery approach that integrates people, systems, business structures, and practices into a process that collaboratively harnesses the talents and insights of all participants to reduce waste and optimize efficiency through all phases of design, fabrication, and construction. AIA Document A195–2008 is a standard form of agreement between Owner and Contractor for Integrated Project Delivery.
AIA Document A195–2008 primarily provides the terms and conditions that will govern the Agreement. A195–2008 does not include the specific scope of the Contractor’s services, rather it references AIA Document A295–2008, General Conditions of the Contract for Integrated Project Delivery, which sets forth the Contractor’s scope of Services. A195–2008 is intended for use on a project where the basis for payment is the Cost of the Work plus a fee where a guaranteed maximum price (which consists of the Cost of the Work plus the Contractor’s Fee) is provided. A195–2008 is not intended for use in competitive bidding.
A195–2008 is intended for use in conjunction with A295–2008, which it incorporates by reference. A295–2008 integrates the duties and services of the Owner, Architect, and Contractor through each phase of Integrated Project Delivery. A295–2008 describes the services and duties of the Owner, Contractor, and Architect in six phases: Conceptualization; Criteria Design; Detailed Design; Implementation Documents; Construction; and Closeout.
Before transmitting Instruments of Service or other information in digital form, parties should establish protocols for that transmission and may use 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.