Category: Dispute Resolution

Architect’s “Final” Decision May Not Be Final

Alan S. Bishop – September 20, 2013 An architect specified as Initial Decision Maker (“IDM”) in an AIA contract wears many hats: independent design professional, owner’s agent on the construction site, and impartial decider of disputes. But is the architect also the judge and jury? The decision in Neighbors Construction Co., Inc. v. Woodland Park at Soldier… Continue reading Architect’s “Final” Decision May Not Be Final

Conditions Precedent to Dispute Resolution: a Help or a Hindrance?

Stanley A. Martin – September 9, 2013 The AIA A201 General Conditions posit the architect’s decision on a claim as a condition precedent to arbitration of that claim.  A recent New York appellate decision demonstrates why this clause, employed as a roadblock many years after the dispute arose, should be modified by the AIA.  In… Continue reading Conditions Precedent to Dispute Resolution: a Help or a Hindrance?

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