12571 Grandezza Circle
Estero, FL 33928
ph: 12393001954
rharper
Initial Decision Maker
The 2007 AIA documents have added a new feature called the Initial Decision Maker (IDM). The purpose of the IDM is to deal with disputes as they arise without disrupting the progress of the project. In placing the IDM language into the 2007 documents, the AIA has responded to concerns expressed by general contractors that the architect has an inherent conflict of interest in claims situation since the owner pays the architects fees and the architect is biased relative to the adequacy of their documents.
The duties and responsibilities of the IDM are spelled out in para 15.2 in the AIA 201 General Conditions. In summary, the IDM provides initial review of claims as they arise then takes one of the following actions:
In effect, the IDM functions as an in-process neutral. The IDM’s decisions are final and binding. If the parties chose to pursue the decision further, the documents direct the dispute to mediation. If mediation is not successful the dispute proceeds to arbitration or litigation. The written decision of the IDM may be used by the parties in support of their claims in pursuing the dispute.
Choosing the IDM should be a joint decision by the owner, contractor and architect. It is advisable to choose an IDM with experience in the type of construction to be completed. Training as a mediator or arbitrator is also advisable. Since the specific purpose of the IDM is to resolve disputes as early as possible, the IDM must be perceived as an “honest broker” of the process by the parties and that they are receiving a fair and unbiased decision from the IDM.
As with all new concepts, the role of the IDM has some uncertainty and controversy associated with it. However, it presents a significant opportunity to eliminate or reduce the number of claims that extend beyond completion of the project. Inclusion of the IDM role is a significant positive step in reducing the time and expense of claim disputes. Owners and their counsel should create a proactive approach to incorporate the IDM into future projects.
RHarper Consulting Group provides IDM services. Mr. Harper is on the construction panel with the American Arbitration Association as well as listed as a civil mediator by the Tennessee Supreme Court. These credentials along with 25 years of construction experience make Mr. Harper a qualified choice for IDM services.
Copyright 2014 Rharper Consulting. All rights reserved.
12571 Grandezza Circle
Estero, FL 33928
ph: 12393001954
rharper