Dispute Resolution—Meet and Confer, Mediation, and Arbitration
AIA Document C171–2013 is a standard form of agreement between owner and program manager for use in a program with more than one project. The program manager assists the owner in an advisory capacity, on matters that impact the program, during design and construction. The program manager’s basic services primarily relate to overseeing the development and implementation of the owner’s program and include creating a program management plan to describe the scope of the program and related requirements; managing program-related information across the multiple projects in the program; developing a program-wide budget and schedule; and establishing quality control guidelines. The document has been prepared for use with AIA Documents B171™–2013, Standard Form of Agreement Between Owner and Design Manager for use in a Multiple Project Program, and B172™–2013, Standard Form of Agreement Between Owner and Architect for Architect of Record Services. This integrated set of documents is appropriate for use on projects where the program manager only serves in the capacity of an adviser to the owner. For use and execution of a document, see its instructions »
AIA Document C171–2013 is a standard form agreement between an Owner and Program Manager for use in multiple-project building programs using program management services. The envisioned role of the Program Manager is to assist the Owner in the consistent and efficient development of multiple projects within a program. The Program Manager’s Basic Services primarily relate to overseeing the development and implementation of the Owner’s program and include creating a Program Management Plan to describe the scope of the program and related requirements; managing program-related information across the multiple projects in the Program; developing a Program-wide budget and schedule; and establishing quality control guidelines. C171–2013 does not require the Program Manager to be a licensed architect because the Program Manager’s Basic Services do not include professional design services.
Under C171–2013, it is assumed that the Owner will retain a Design Manager who will be responsible for providing the necessary architectural services to develop the Design Standards for the Program and the Transfer Packages for each project in the Program. The Owner will also hire Architects of Record for the projects in the Program, who will be responsible for the further development of the Transfer Packages (consistent with the Design Standards) into Construction Documents.
C171–2013 is intended to be used in conjunction with AIA Document B171–2013, Standard Form of Agreement Between Owner and Design Manager for use in a Multiple Project Program, and B172–2013, Standard Form of Agreement Between Owner and Architect for Architect of Record Services.
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 is also 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.