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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 />If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in
<br />writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent
<br />jurisdiction.
<br />§ 4.3 Arbitration
<br />§ 4.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any
<br />claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by,
<br />mediation shall be subject to arbitration, which, unless the parties mutually agree otherwise, shall be administered by
<br />the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the
<br />date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this
<br />Agreement, and filed with the person or entity administering the arbitration.
<br />§ 4.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation,
<br />but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim,
<br />dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations
<br />purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall
<br />constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question.
<br />§ 4.3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity duly
<br />consented to by parties to this Agreement, shall be specifically enforceable in accordance with applicable law in any
<br />court having jurisdiction thereof.
<br />§ 4.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with
<br />applicable law in any court having jurisdiction thereof.
<br />§ 4.3.4 Consolidation or Joinder
<br />§ 4.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any
<br />other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration
<br />permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact;
<br />and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).
<br />§ 4.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a
<br />common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided
<br />that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional
<br />person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not
<br />described in the written consent.
<br />§ 4.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this
<br />Section 4.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and
<br />Architect under this Agreement.
<br />§ 4.4 The provisions of this Article 4 shall survive the termination of this Agreement.
<br />ARTICLE 5 TERMINATION OR SUSPENSION
<br />§ 5.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be
<br />considered substantial nonperformance and cause for termination or, at the Architect’s option, cause for suspension of
<br />performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give
<br />seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the
<br />Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of
<br />services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any
<br />expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the
<br />remaining services and the time schedules shall be equitably adjusted.
<br />§ 5.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of
<br />such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the
<br />interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time
<br />schedules shall be equitably adjusted.
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