B121-MSA_Kittitas Public Health and Safety Facility

Home Browse Search

AIA Document B121 –2018.Copyright ©2014 and 2018.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 11:29:51 PDT on 10/27/2025 under Subscription No.20250099130 which expires on 02/06/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(68ffb9f9ff76f077366f09c2) 6 § 7.1.3 The Architect and Owner waive consequential damages for claims,disputes,or other matters in question, arising out of or relating to a Service Agreement.This mutual waiver is applicable,without limitation,to all consequential damages due to either party’s termination of a Service Agreement,except as specifically provided in Section 8.6. § 7.2 Mediation § 7.2.1 Any claim,dispute or other matter in question arising out of or related to a Service Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.If such matter relates to or is the subject of a lien arising out of the Architect’s services,the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 7.2.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by mediation,which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Master Agreement.A request for mediation shall be made in writing,delivered to the other party to this Master Agreement,and filed with the person or entity administering the mediation.The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order.If an arbitration proceeding is stayed pursuant to this section,the parties may nonetheless proceed to the selection of the arbitrator(s)and agree upon a schedule for later proceedings. § 7.2.3 The parties shall share the mediator’s fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 7.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 7.2,the method of binding dispute resolution shall be the following: (Check the appropriate box.) [] Arbitration [X ] Litigation in a court of competent jurisdiction If the Owner and Architect do not select a method of binding dispute resolution,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. [ X ] Litigation in a court of competent jurisdiction § 7.4 The provisions of this Article 7 shall survive the termination of a Service Agreement. ARTICLE 8 TERMINATION OR SUSPENSION OF SERVICE AGREEMENTS § 8.1 If the Owner fails to make payments to the Architect in accordance with a Service Agreement,such failure shall be considered substantial nonperformance and cause for termination of the Service Agreement or,at the Architect’s option,cause for suspension of performance of services under the Service Agreement for which the Owner failed to make payment.If the Architect elects to suspend services,the Architect shall give seven days’ written notice to the Owner before suspending services.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services,the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect’s services.The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 8.2 If the services under a Service Agreement have been suspended by the Owner,the Architect shall be compensated for services performed prior to notice of such suspension.When the services under the Service Agreement are resumed,the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect’s services.The Architect’s fees for the remaining services and the time schedules shall