Representative Matters

Firm Advises Architect on Mediation Demand in Construction Dispute

We represented an architecture firm navigating the challenging role of Initial Decision Maker (IDM) assigned under AIA Document A201-2017, General Conditions of the Contract for Construction. The project owner had received contractor claims alleging design errors and omissions related to a malfunctioning boiler system, a problematic HVAC system, and excessive sloping and drainage issues at an athletic field. While the owner first sought our client’s involvement only as IDM, they then demanded mediation, unexpectedly requiring the architect’s participation as a named party. This broadened the scope of the architect’s potential liability. We helped with communication between our client, their professional liability insurer, and assigned defense counsel, an attorney with whom we have a strong working relationship, staying involved to the extent certain parts of our client’s interests fell outside the scope of insurance coverage.