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ARTICLE 8 CLAIMS AND DISPUTES
<br />§ 8,1 General
<br />§ 811 The Owner and Architect shall commence all claims and Causes of action against the other and arising Out Of
<br />or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the
<br />binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but
<br />in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect
<br />waive all claims and causes of action not commenced in accordance with this Section 8. 1. 1.
<br />§ 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against
<br />each other and against the contractors, consultants, agents, and employees of the other for damages, except such
<br />rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017, General
<br />Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require Of the
<br />contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties
<br />enumerated herein,
<br />§ 8.13 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question,
<br />arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential
<br />damages due to cither party's termination of this Agreement, except as specifically provided in Section 9.7.
<br />§ 8.2 Mediation
<br />§ 8.2.1 Any claim, dispute or other matter in question arising Out of or related to this Agreement shall be Subject to
<br />mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien
<br />arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with
<br />the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution,
<br />§ 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between
<br />them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American
<br />Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of
<br />this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and
<br />filed with the person or entity administering the mediation. The request may be made concurrently with the filing of
<br />a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in
<br />advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days
<br />from the date of filing, unless stayed for a longer period by agreement of the parties or Court order. If an arbitration
<br />proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s)
<br />and agree upon a schedule for later proceedings.
<br />§ 15,23 The parties shall share the mediator's fee and any filing fees equally. Tile mediation shall be held in the place
<br />where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall
<br />be enforceable as settlement agreements in ally 00Lirt having jurisdiction thereof,
<br />§ 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8,2, the method of binding
<br />dispute resolution shall be the following:
<br />(Check the cipproprictife box.)
<br />[ ] Arbitration pursuant to Section 8.3 of this Agreement
<br />[ x ] Litigation in a court of competent jurisdiction
<br />[ ] Other: (Specify)
<br />If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in
<br />writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of
<br />competent jurisdiction.
<br />AIA Document BI 01 TM — 2017. Copyright 0 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARhUM
<br />Init. TINis MAI Dacuiment Is protected by U,5. CopyrIght Law and 4ftrnath:uriairreaues, Unauthorized repwoducbon ordIstrIlbutloirw of dds AIA'"' Iltocuinrment, 18
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<br />User Notes: (369ADAIC)
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