Representative Matters

Firm Advises Architect on Water Intrusion ‘Initial Decision Maker’ Role

We represented an architecture firm serving as the Initial Decision Maker (IDM) under AIA Document A201-2017, General Conditions of the Contract for Construction. The owner alleged the general contractor caused persistent water intrusion, claiming it did not follow plans and specifications and refused to cooperate in remediation efforts. The owner’s demand for repair costs, replacement of damaged materials, and architectural fees triggered the architect’s IDM responsibilities. We guided the architect to navigate this sensitive role, helping it prepare an IDM response which acknowledged the architect’s awareness of the ongoing dispute and the limitations of its role in resolving complex legal issues. The architect’s response deferred the final determination to the formal dispute resolution process outlined in the contract while encouraging continued communication and cooperation between the parties.