Читать книгу Fundamentals of Construction Claims - William J. McConnell - Страница 34
A. AIA B101, Article 8, Claims and Disputes
ОглавлениеThe AIA Document B101 – 2017, “Standard Form of Agreement Between Owner and Architect,” is the AIA's most commonly used form of agreement between an owner and an architect. Article 8, “Claims and Disputes,” of the B101 offers the following dispute resolution procedures:
The architect or owner shall commence all claims and causes of action against the other within the period specified by applicable law, but not longer than 10 years after the date of substantial completion of the applicable project.
Claims between the architect and the owner 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 B101 agreement.