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A. AIA A401, Article 6, Claims and Disputes

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The AIA Document A401 – 2017, “Standard Form of Agreement Between Contractor and Subcontractor,” is the AIA's most commonly used form of agreement between a contractor and a subcontractor. Article 6, “Claims and Disputes,” of the A401 offers the following dispute resolution procedures:

 Claims shall be made promptly and per the terms of the subcontract agreement.

 Claims between the parties are subject to mediation as a condition precedent to binding dispute resolution. The request for mediation shall be in writing, delivered to the other party, and filed with the person or entity administering the mediation. The parties shall share the mediator's fees equally.

 A party can file for binding dispute resolution concurrently with the filing for mediation. Binding resolution shall be stayed pending mediation for a period of 60 days, unless a longer period is agreed upon by the parties or court order.

 The method of binding dispute resolution shall be arbitration, litigation, or otherwise selected within the A401 agreement. If no method is selected, claims shall be resolved by litigation in a court of competent jurisdiction.

Fundamentals of Construction Claims

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