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<br />§ 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the Architect shall be
<br />entitled to an appropriate adjustment in the Architect's schedule and compensation:
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<br />change in the instructions or approvals given by the Owner that necessitate revisions in Instruments
<br />of Service;
<br />enactment or revision of codes, laws or regulations or official interpretations which necessitate
<br />changes to previously prepared Instruments of Service;
<br />decisions of the Owner not rendered in a timely manner;
<br />significantchange in the Project including, but not limited to, size, quality, complexity, the Owner's
<br />schedule or budget, or procurement method;
<br />failure of performance on the part of the Owner or the Owner's consultants or contractors;
<br />preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal
<br />proceeding except where the Architect is party thereto;
<br />change in the information contained in Article 1.1.
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<br />§ 1.3.4 MEDIATION
<br />§ 1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to
<br />mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party.
<br />If such matter relates toor is the subject of a lien arising out of the Architect's services, the Architect may proceed
<br />in accordance with .applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter
<br />by mediation or by arbitration.
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<br />§ 1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between
<br />them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction
<br />Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be
<br />filed in writing with the other party to this Agreement and with the American Arbitration Association. The request
<br />may be made coneurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in
<br />advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60
<br />days from the date of filing, unless stayed for a longer period by agreement of the parties or court order.
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<br />§ 1..3.4.3 The parties shall snare the mediator's fee and any filing fees equally. The mediation shall be held in the
<br />place where the Project is located, unless another location is mutually agreed upon. Agreements reached in
<br />mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.
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<br />§ 1.3.5 ARBITRATION
<br />§ 1.3.5.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to
<br />arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with
<br />Section 1,3.4.
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<br />§ 1.3.5.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation shall
<br />be decided by arbitratio 'Ch,tmless the parties mutually agree otherwise, shall be in accordance with the
<br />Construction IndustryArbt atiol1Ru1es of the American Arbitration Association currently in effect. The demand for
<br />arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration
<br />Association,
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<br />§ 1.3.5.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in
<br />question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or
<br />equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable
<br />statute of limitations ,
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<br />§ 1.3.5.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in
<br />any other manner, an additional person or entity not a party to this Agreement, except by written consent containing
<br />a specific reference to this Agreement and signed by the Owner, Architect, and any other person or entity sought to
<br />be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of
<br />any claim, dispute or other matter in question not described in the written consent or with a person or entity not
<br />named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an
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<br />AlA Document 81411\1 -1997 Part 1. Copyright @ 1917,1926,1948,1951,1953,1958,1961,1963,1966, 1967, 1970, 1974,1977,1987 and 1997 by The
<br />American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties.
<br />Unauthorized reproduction or distribution of this AlA'" Document, or any portion of It, may result in severe civil and criminal penalties, and will be
<br />prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:42:20 on 10/29/2004 under Order
<br />No.1 000091736_1 which expires on 1/12/2005, and is not for resale.
<br />User Notes:
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