An update to the C402 language on dispute resolution added mediation as a precondition for mandatory dispute resolution. With respect to mandatory dispute resolution, parties can now choose from arbitration procedures, disputes or any other method such as B101. C727 failed because of conciliation as the only form of dispute resolution. C402 follows C727`s original intent and does not bind the consultant to the dispute resolution of the main agreement. AIA Document C401-2017 is suitable for use with all types of consultants, including advisory architects. This document can be used with a variety of clearing methods. C401-2017 takes over and integrates by reference an existing owner/architect agreement, known as the “Prime Agreement” and “flows” the provisions of the Prime agreement. For many architects who are introduced into the contracts, B101-2017 is the basic owner-architect agreement and the first tool that an architect should wear in his tool belt contracts. While it is important for architects to always execute a written agreement with an owner, it is equally important for architects to enter into written agreements with their advisors. Enter C401-2017, the standard contract form between the architect and the advisor, the second tool for the tool belt for contracts. C402 differs from C401 in several respects and is not a short or abbreviated version of C401. On the one hand, C402 maintains the C727 approach by not referring to the main agreement and by requiring the parties to define or attach a description of the scope of the advisor`s benefits. Because projects become more complicated – and if consulting expertise is specialized beyond standard, mechanical and electrical design – not all consultants fit well under the roof of the C401.
This applies in particular to consultants who are involved in only one phase of the project or to consultants acting as the direct arm of the architect`s design team, such as. B a specification recorder or hardware advisor. Agreements for these advisors do not necessarily have to be attached to the terms of the main agreement between the owner and the architect. In such cases, architects should choose C402-2018, the standard form of the agreement between the architect and the advisor for special services. The AIA C401™-2017 document is a standard agreement between the architect and the consultant, who provides services. C402 has been available in C727-1992 for many years. In 2018, it was re-numbered to reflect its partial agreement status within the conventional family of AIA documents. The layout and language of the C402 contain important organization and content from B101 and C401. This is evident in the article table as well as in the sections that define the protocols for the transmission and use of digital data and those that define the additional services of the consultant. When selecting the type of contract, it is important to understand all the options and choose the agreement that best meets the requirements and objectives of the project. With the C402, architects now have a third useful tool that they can add to their contract tool belt.
Although c401 shorter than C401, C402 is still a robust agreement with sections that offer both the architect and the advisor protection: perimeter definition, each party`s responsibilities, copyright, claims and litigation, termination and compensation. The C402 is suitable for consultants who offer limited volume or specialized services that do not go through all typical design steps, such as consultants.B. consultants who provide renderings, planning services, feasibility studies, specification services, hardware schedules, elevator analysis and safety design. If an architect has to link an advisor to the main agreement or if consultants are involved in a project from conception to construction, C401 is appropriate. The C401 is also intended for consultants who provide the usual and usual mechanical, electrical and structural services or consultants who hire their own sub-advisors.