AIA contracts and Initial Deceision Maker/Dispute Resolution

[Sean Coppom]

Hi all,

Looking to get some feedback on who to use as an Initial Decision Maker (on an AIA contract) for dispute resolution for a construction project in Denver, CO.  For various reasons we don't want to use the architect.  This project consists of 4 townhomes on a single lot, but it would be valuable to hear of others experiences regardless of the type of project.  Specific recommendations or general advice are both appreciated!  Thanks for your time.

[Nik Moushon]

There is a reason the IDM is the architect in those contracts. These AIA contracts are lobbied by almost every profession in construction. So they are not written in a way to give the architect extra leverage and control. It really is written very fairly and openly and that is why they are considered the industry standard. 

One of the biggest reasons the architect is written down as the IDM is because that is one of their main roles in the process...to be the middle person between the Owner and Contractor. They know what the design intent was. If you bring in some third party person to be only involved if a situation escalates then they will only know what is going on from what they have heard. They have very little background knowledge of the decisions that were made and why. What you are basically doing is creating a IDM position that skips the intent of the IDM position and goes straight to arbitration...yet having the option to go to a arbitrator or mediator afterwards...  You are creating a redundant loop. 

I highly suggest that you leave your architect as the IDM, there's a reason its the industry standard.