Initial Decision Maker
James B. Atkins, FAIA, co-authored the 2007 AIA document revisions that introduced the “Initial Decision Maker”. The initial decision maker (IDM) renders the initial decision on a dispute between the owner and contractor in place of the architect when an IDM is designated. If no IDM is designated, the architect makes the initial decision. The IDM is typically a third party not associated with the contracted parties.
This concept came about as a result of the following:
- The architect may have a conflict of interest if the dispute involves the architect’s work performance
- The owner may not want their architect deciding issues that may be adverse to their position
- The contractor may not want the owner’s contracted architect to decide issues in dispute because of a perceived bias
- A third party decision maker is independent from the contracted project delivery structure
The members of the AIA Documents Committee that drafted the IDM process did so to accommodate industry demands and expedite the dispute resolution process. As an architect, a former contractor, and a drafter of the IDM process, James B. Atkins, FAIA, is uniquely and ideally qualified to provide IDM services.