Particularized Analysis of AIA’s Expeditious Mechanisms for Administering Claims and Disputes

Abstract

Contract conditions governing the administration of construction claims and disputes play a critical role concerning the efficiency and speed with which their resolutions can be concluded. Available standard conditions offer a variety of timeline spectrums along which the resolution of such claims and disputes can be pursued. A detailed analysis of the relevant stipulations offered by the latest standard conditions recently issued by the American Institute of Architects (AIA) is presented, with the goal of addressing their particular merits and the corresponding performance requirements expected of contract administration professionals acting on behalf of the parties to the construction contract. The methodology involved highlighting the properties that are conducive to expeditious administration of claims and disputes and pinpointing those other characteristics that may provide room for claims and disputes to undesirably drag beyond what is inherently implied by these conditions. Multiple findings are summarized along with numerous examined timeline aspects, including the significance of issuing an initial decision, the ability of triggering resolution closures, and the ability of enforcing settlements reached within mediation. Particularized timeline scenarios are constructed, along with a flow diagram embedding all possible claim/dispute tracking paths that are likely to evolve, which can be of crucial guidance to concerned practicing contract administrators.