We represented an architecture firm serving in the delicate Initial Decision Maker (IDM) role under AIA Document B101-2017, Agreement Between Owner and Architect, and AIA Document A201-2017, General Conditions of the Contract for Construction. The owner, citing a consultant’s report detailing many building envelope deficiencies, including water intrusion at various locations and issues with the masonry veneer, asked for the architect to certify that the contractor should perform the recommended repairs. The owner concurrently initiated mediation and arbitration proceedings with the contractor. We counseled the architect on navigating the sensitive IDM role under the A201-2017, advising on a response that strategically addressed the owner’s request while carefully fulfilling the architect’s contractual obligations without jeopardizing its position in the owner-contractor dispute or increasing its potential exposure in the ongoing legal proceedings.
