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AIA Document A201 – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007. All
<br />rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract
<br />Documents” are trademarks of The American Institute of Architects. This draft was produced at 09:51:37 PT on 05/13/2024 under Order
<br />No.4104243047 which expires on 06/10/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with
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<br />§ 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or
<br />more of the following actions: (1) request additional supporting data from the claimant or a response with supporting
<br />data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise,
<br />or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker
<br />lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the
<br />Initial Decision Maker’s sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the
<br />Claim.
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<br />§ 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek
<br />information from either party or from persons with special knowledge or expertise who may assist the Initial
<br />Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of
<br />such persons at the Owner’s expense.
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<br />§ 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional
<br />supporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide a
<br />response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting
<br />data will be furnished or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon
<br />receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim
<br />in whole or in part.
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<br />§ 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating
<br />that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state
<br />the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision
<br />Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding
<br />on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding
<br />dispute resolution.
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<br />§ 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section
<br />15.2.6.1.
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<br />§ 15.2.6.1 Either party may, within 30 days from the date of an initial decision, demand in writing that the other
<br />party file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the
<br />demand fails to file for mediation within the time required, then both parties waive their rights to mediate or pursue
<br />binding dispute resolution proceedings with respect to the initial decision.
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<br />§ 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if
<br />any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner
<br />may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy.
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<br />§ 15.2.8 If a Claim relates to or is the subject of a mechanic’s lien, the party asserting such Claim may proceed in
<br />accordance with applicable law to comply with the lien notice or filing deadlines.
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<br />§ 15.3 MEDIATION
<br />§ 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those
<br />waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 shall be subject to mediation as a condition precedent
<br />to binding dispute resolution.
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<br />§ 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree
<br />otherwise, shall be administered by the American Arbitration Association in accordance with its Construction
<br />Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in
<br />writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation.
<br />The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event,
<br />mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending
<br />mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the
<br />parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed
<br />to the selection of the arbitrator(s) and agree upon a schedule for later proceedings.
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