Source: https://www.jdsupra.com/, August 23, 2024
By: David Peden & Gabriel Rincon, Porter Hedges LLP

Coordination between the Owner-Architect Agreement and the Owner-Contractor Agreement is crucial for any successful project. In particular, parties most commonly overlook the provisions related to an Initial Decision Maker (“IDM”).  When the fight breaks out, there are usually conflicting claims whether the quality of the design or the quality of the construction is to blame.  Perhaps it is some of both.  In Texas, the contractor does not sue the design team for bad drawings, and the design team does not sue the contractor for faulty construction.  The owner is caught in the middle and must make important strategic decisions early.  Should the owner fight with the contractor, the architect, or both? Read more.