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Initial Decision Maker
With the 2007 revision
of the American Institute of Architects (AIA) Form A201,
the concept of an "Initial Decision Maker"
(IDM) was introduced.
Traditionally, the Architect has performed the contractual
function of deciding disputes between Owners and Contractors.
For various reasons, the parties are often uneasy with
this situation:
- Owners do not want
their Architects deciding against them,
- Contractors perceive
the Architect as being biased to the Owner, and
- Architects are uncomfortable
being in the middle of disputes between repeat clients.
- There is concern among
the parties that the traditional decision process
will be untimely.
In a contractual situation, the parties can choose an
IDM to resolve disputes prior to mediation, arbitration,
or litigation (disputes regarding aesthetics are left
to the Architect, not an IDM).
"According to the drafters, the purpose of this
change was to maintain fast and impartial solutions
to common problems, to allow contractors and owners
to choose a third party IDM with whom they feel comfortable,
and give freedom to select an appropriate IDM based
upon the particular project."1
If an IDM is not identified in the contract, the Architect
serves as the default decision maker.
Synergen's team of Architects, Engineers, and Financial
experts make us uniquely qualified to serve as an IDM
in contractual situations. Our extensive experience
in complex construction situations enables us to be
consistent in reviewing facts and apply standard industry
practice to the unique situation at hand.
1. As presented by Elizabeth M.
Debaillon of Cokinos, Bosien, & Young, P. C. at
the 21st Annual Construction Law Conference, San Antonio,
Texas on February 28, 2008. Used with permission.
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