The American Institute of Architect’s series of construction contracts are likely the most commonly used construction contracts throughout the United States. The AIA recently released the 2007 A201 General Conditions (“General Conditions”) and Standard Forms of Agreement Between Owner and Contractor (A101, A102 and A103) to which it has made significant revisions.
The dispute resolution provisions have changed. The prior versions provided for the resolution of all disputes by binding arbitration in accordance with the Construction Industry Rules of the American Arbitration Association. Because owners and contractors often deleted this provision, the revised General Conditions now allow the parties to “check a box” and select from arbitration, litigation or “other.” If no box is checked, litigation is the default. The new General Conditions now also acknowledge that the parties may choose an arbitration service provider other than the AAA.