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If the architect is listed as the Initial Decision Maker, and receives a claim from the contractor against the owner, who is the party that the architect responds to (i.e. addresses the letter to)? I have read our contract with the owner and the General Conditions and neither explicitly say who to respond to. They just talk about who the claim is submitted to and who reviews, essentially. On one hand I can see the architect would send the response to the owner in giving our recommendation of the claim. On the other hand, if the contractor is required to submit the claim to the architect, then the response should be to the contractor. Any insight is appreciated.
Hope this helps.
Excerpt from The Project Resource Manual, CSI Manual of Practice
...When all the documentation has been presented, contract documents reviewed, necessary testing performed, and special observations conducted and analyzed, the A/E can evaluate the claim and render a decision in writing to both parties. If either party takes exception to the A/E's decision, the documentation and findings of the A/E can be considered in negotiating a compromise solution or settlement. When resolution is reached, a change order may be issued to reflect the terms of the settlement.
Reynaldo Royo, AIA, CDT
Architecture International, Ltd.
225 Miller Avenue
Mill Valley, California 94941 USA
Use of term, "Owner's Agent",
Please be aware that nothing in the AIA documents establishes an agency relationship by the architect with the owner. Accordingly, you should never refer to yourself as an agent of the owner. An agency relationship goes beyond the standard of care unless you have contracted to provide services as an agent.
JAMES B. ATKINS FAIA, FKIA
ATKINS CONSULTING SOLUTIONS
7139 BRIARMEADOW DR.
DALLAS, TEXAS 75230
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Sharon: The answer to your question is:
Hope this answers your question.
In any situation involving additional money coming from or going to the Contractor and or Owner it would be advisable to always reply to BOTH parties, not just one, regardless of what any AIA form might indicate. Otherwise, you're bound to irritate any omitted party and also make it harder for the parties to come to an agreement. When in doubt, involve all parties in such a situation.
All the best,
Rand Soellner Architect ArCH /NCARB /LHI /MA Arch
.HOME ARCHITECTS ® 1. 8 2 8 . 2 6 9 . 9 0 4 6 ..
Rand@HomeArchitects.com | www.HomeArchitects.com
Home Architect,PLLC NC9266/52666 SC6793 FLAR9264 WA9798 TN105028