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<br />AIA Document B102™ – 2017. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered
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<br />which expires on 06/13/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of
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<br />User Notes: (1765238861)
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<br />Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s
<br />consultants.
<br />§ 3.5 Except as otherwise stated in Section 3.3, the provisions of this Article 3 shall survive the termination of this
<br />Agreement.
<br />ARTICLE 4 CLAIMS AND DISPUTES
<br />§ 4.1 General
<br />§ 4.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or
<br />related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding
<br />dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case
<br />not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all
<br />claims and causes of action not commenced in accordance with this Section 4.1.1.
<br />§ 4.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against
<br />each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights
<br />as they may have to the proceeds of such insurance as set forth in AIA Document A201–2017, General Conditions of
<br />the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants,
<br />agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein.
<br />§ 4.1.3 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question,
<br />arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential
<br />damages due to either party’s termination of this Agreement, except as specifically provided in Section 5.7.
<br />§ 4.2 Mediation
<br />§ 4.2.1 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 binding dispute resolution. If such matter relates to or is the subject of a lien
<br />arising out of the Architect’s services, the Architect may proceed in accordance with applicable law to comply with the
<br />lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution.
<br />§ 4.2.2 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 administered by the American
<br />Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this
<br />Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed
<br />with the person or entity administering the mediation. The request may be made concurrently with the filing of a
<br />complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in
<br />advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days
<br />from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration
<br />proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s)
<br />and agree upon a schedule for later proceedings.
<br />§ 4.2.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place
<br />where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall
<br />be enforceable as settlement agreements in any court having jurisdiction thereof.
<br />§ 4.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 4.2, the method of binding
<br />dispute resolution shall be the following:
<br />(Check the appropriate box.)
<br />[ X ]Arbitration pursuant to Section 4.3 of this Agreement
<br />[ ]Litigation in a court of competent jurisdiction
<br />[ ]Other (Specify)
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