AIA Owner/Architect and Owner/General Contract Forms - Beware of Arbitration Glitch
AIA contract forms are popular for major community association repair contracts. Unfortunately, the AIA (American Institute of Architects), presumeably to shield architects from liability, long ago created an arbitration glitch in instances where the Owner/Architect and Owner/General Contractor Contract forms are being utilized for a given project. The glitch is that the Owner/Architect form prohibits the architect (absent the architect's agreement) from being joined in an arbitration proceeding between the owner and general contractor.
Where defects in the work are a result of both design and construction flaws, this glitch can create a major dispute resolution headache.
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