AIA Document B161–2002 is designed to assist U.S. architects involved in projects based in foreign countries, where the U.S. architect is hired on a consulting basis for design services and the owner will retain a local architect in the foreign country. The document is intended to clarify the assumptions, roles, responsibilities, and obligations of the parties; to provide a clear, narrative description of services; and to facilitate, strengthen, and maintain the working and contractual relationship between the parties.
Because of foreign practices, the term “owner” has been replaced with “client” throughout the document. Also, since it is assumed that the U.S. architect is not licensed to practice architecture in the foreign country where the project is located, the term “consultant” is used throughout the document to refer to the U.S. architect.
AIA Document B161–2002 assumes that
- this document will be used by the Consultant for a project located outside of the United States;
- the Consultant is not licensed to practice architecture in the foreign country where the Project is located and must be referred to as a consultant rather than an architect;
- there is a direct relationship between the Client and the Consultant;
- there is a Local Architect linked contractually to either the Client or the Consultant; and
- terms in this agreement shall have the same meaning as standard American English.
The AIA has published as part of the International series of documents, this document, B161–2002, and B162™–2002, Abbreviated Form of Agreement Between Client and Consultant.
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.