The Architect's Role in the Construction Project
C. William Daniels, Jr. and Nancy Fouad Carey March 2013
Recently, the Alabama courts have issued two significant decisions regarding the architect's role in the
construction project, which will have an impact on owners, contractors, and subcontractors. It is important
that you understand these decisions as they could affect the success of your construction claim. This article
provides a short summary of these decisions.
A. Submission of Claim to the Architect is a Condition Precedent to Filing Suit.
In lawsuits involving construction projects where the AIA contract documents were used, the Contractor or
Owner's failure to submit its claim to the Architect before filing suit could be fatal to its case. In the recent
Alabama case of Bella Investments, Inc. v. Multi Family Services, 97 So. 2d 787 (Ala. Civ. App. 2012), the
Owner brought an action against the General Contractor on a hotel construction project, which included a
breach-of-contract claim among other claims. The specific defects included cracked tile that was noticed
during the punch list stage, as well as later issues involving floors and walls buckling which caused doors to
bind; improper installation of the fiber cement siding; and improper grading of the project site.
Because the Owner failed to submit its dispute to the Architect for determination prior to filing suit, the
Court held that the Owner's breach-of-contract claim was due to be denied on appeal. The Court explained
that:
[Owner] and [General Contractor] entered into an contract for construction on June 3,
2005. The contract between [them] was a standard AIA A101–1997 form contract which
adopted the AIA Document A201–1997, General Conditions of the Contract for
Construction. The General Conditions specifically state that submission of a Claim to the
architect is a condition precedent to litigation. The General Conditions define a ‘claim’ as a
‘dispute ... between the Owner and Contractor arising out of or relating to the Contract.’
Section 4.3.1 continues, ‘claims must be initiated by written notice.’
Section 4.4 of the General Conditions states:
“Claims ... shall be referred initially to the Architect for decision. An initial decision
by the Architect shall be required as a condition precedent to mediation,
arbitration or litigation of all Claims between the Contractor and Owner arising
prior to the date final payment is due...."
