Claims and Disputes Clause
(Owner-Architect Agreement)

Summary

This clause can be included an owner-architect agreement to address the appropriate steps an architect or owner should take to initiate a formal claim if a dispute arises between the parties. This clause includes practical guidance, drafting notes, and optional clauses. This clause provides that the parties are required to mediate any claims and sets forth the general timing and process for mediation. The clause also provides that if the parties cannot resolve their dispute through mediation, they may proceed to litigation. Capitalized terms used in this clause should be conformed to those used in the relevant agreement. For a full listing of key content covering owner and architect agreements, see Owner and Architect Agreement Resource Kit. For a full listing of key content covering construction, see Construction Resource Kit. For a full listing of key content covering dispute resolution in construction, see Construction Dispute Resolution Resource Kit. For further guidance see Owner-Architect Agreements. For a template see Agreement Between Owner and Architect.