We represented an architecture firm navigating the challenging role of Initial Decision Maker (IDM) under AIA Document A201-2017, General Conditions of the Contract for Construction in a dispute on a time-sensitive Low-Income Housing Tax Credit (LIHTC) project. The owner sought to terminate the contractor and access the performance bond due to critical project delays, structural defects, subcontractor issues, and mechanics’ liens, requiring the architect’s IDM certification. This placed the architect in a difficult position. Recognizing its desire to ethically fulfill its IDM contractual obligations, protect its relationships and yet reduce its exposure to costly disputes, we guided the architect in crafting a strategic IDM certification letter that carefully balanced its contractual duties with these important considerations. The letter acknowledged the architect’s limitations in resolving complex legal disputes, deferring to formal dispute resolution while certifying sufficient cause for the owner’s actions based on documented contractor performance deficiencies. This allowed the architect to remain neutral, protecting its interests and preserving its relationships, while facilitating the project’s progress toward securing critical LIHTC benefits.
