(Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below,
or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will
be resolved in a court of competent jurisdiction.)
[GE | Arbitration pursuant to Section 8.3 of this Agreement
eS ] Litigation in a court of competent jurisdiction ,
[RR] Other: (Specify) eee
eS ponent mentee nenetanenesinmnreenensaneernanecarnsted
§ 8.3 Arbitration
§ 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution if this Agreement any
claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by,
mediation shall be subject to arbitration which, unless the parties mutually agree otherwise] shall be administered by
the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the
date of the Agreement. A demand for arbitration shall be made in writing, delivered to the othef party to this
Agreement, and filed with the person or entity administering the arbitration.
§ 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filinglof q request-fér
mediation, but i no event shall it be made after the date when the institution of legal or equitable proceedings based
on the claim, dispute or other matter in question would be barred by the applicable statute df-limitations-Fer-statat
of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the
arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other —
matter in question. a
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§ 8.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional pefson or.entiti
duly consented to by parties to this Agreement shali be specifically enforceable in accordanée © with appticabe aw f
any court having jurisdiction thereof. r =
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§ 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it ree ws
with applicable law in any court having jurisdiction thereof.
Lj
§ 8.3.4 Consolidation or Joinder
§ 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this. Agré¢itrent with any
other arbitration to which it is a party provided that (1) the arbitration agreement governing tie other arbitration
permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions oMaw oy
and (3) the arbitrations employ materially similar procedural rules and methods for selectinj arbitrator(s)
§ 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a
common question of law or fact whose presence is required if complete relief is to be accordledtin arbitration,
provided that the party sought to be joined consents in writing to such joinder. Consent to arbitrationinvolving-an—
additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter 1 in question |
not described in the written consent.
§ 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conduetet ander tis
Section 8.3, whether by joinder or consolidation, the same rights of jomder and consolidation as the Owner-and. My,
Architect under this Agreement. / a m, \
ARTICLE 9 TERMINATION OR SUSPENSION [
§ 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, guch failure shall be
considered substantial nonperformance and cause for termination or, at the Architect’s option, cause for suspension
of performance of services under this Agreement. If the Architect elects to suspend serviceg, the Architect shall give.
seven days’ written notice to the Owner before suspending services. In the event ofa suspension of services, the
Architect shall have no liability to the Owner for delay or damage caused the Owner becauseofsuch suspenstomro0f—rnr
services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses
AXA Document Bi33™ - 2014. Copyright © 2014 by fhe American Institute of Architects. All xighte reserved, WARNING: This ATA” Document is
protected by U.S. Copyright Law and International Traaties, Unauthorized reproduction or distribution of this AIA‘ Document, or any
portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
This draft was produced by AIA software at 12:43:58 on 07/15/2016 under Order No. 1575871642_1 which expires on 02/08/2017, and is not for
resale.
User Notes: (1146770772)
