Dispute Resolution—Mediation and Arbitration
AIA Document B171–2013 is a standard form of agreement between owner and design manager for use in a program with more than one project and where design management services are to be provided under a separate contract with the owner.
It is coordinated with AIA Document C171™–2013, an owner/program manager agreement, where the program manager is an independent adviser to the owner throughout the course of the program. The design manager is required to assist the owner and the program manager in developing and establishing the owner’s program. Additionally, the design manager provides limited architectural services for each project in the program.
Upon the development of the program, the design manager is required to develop the design standards, which will provide a functional, aesthetic, and quality framework for the projects in the program. After establishment of the design standards, the design manager performs schematic design and design development architectural services for each project in the program in order to develop a transfer package that the owner can provide to the architect(s) of record for each project in the program.
Both B171–2013 and C171–2013 are based on the premise that one or more separate architects of record and construction contractors will also contract with the owner for final design and construction of each project. AIA Document B172™–2013, Standard Form of Agreement Between Owner and Architect for Architect of Record Services, is intended to be used as the agreement between the owner and each architect of record.
The architect of record is responsible for preparation of the construction documents, and related design and bidding phase services, and administration of the owner/contractor agreement on a project by project basis. For use and execution of a document, see its instructions »
AIA Document B171–2013 is a standard form agreement between an Owner and Design Manager for use in multiple-project building programs using program management services. B171–2013 assumes that the Owner has hired a Program Manager who is responsible for assisting the Owner in the consistent and efficient development of multiple projects within a program. The Design Manager is required to assist the Owner and the Program Manager in developing and establishing the Owner’s program.
Additionally, the Design Manager provides limited architectural services for each project in the program. Upon the development of the program, the Design Manager is required to develop the Design Standards, which will provide a functional, aesthetic, and quality framework for the projects in the program. After establishment of the Design Standards, the Design Manager performs schematic design and design development architectural services for each project in the program in order to develop a Transfer Package that the Owner can provide to the Architect(s) of Record for each project in the program. The Transfer Package will consist of: the Design Development documents developed by the Design Manager; the Design Standards; a detailed estimate of the Cost of the Work, and other documentation as appropriate to communicate the scope, quality, budget and intent of each project; and a preliminary schedule indicating the design and construction milestone dates through final completion of the project.
Under B171–2013, it is assumed that the Owner will also retain Architect(s) 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.
AIA Document B171–2013 is intended to be used in conjunction with AIA Document C171–2013, Standard Form of Agreement Between Owner and Program Manager for use in a Multiple Project Program, and AIA Document 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, Digital Data Protocol Form, and G202™–2013, 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.