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Anne Whitacre, FCSI CCS
Senior Member
Username: awhitacre

Post Number: 849
Registered: 07-2002
Posted on Wednesday, October 29, 2008 - 04:48 pm:   Edit PostDelete PostPrint Post

earlier today, I receieved an email from our "environmental consultant" stating that we and the mechanical engineer had to "declare compliance" with various portions of ASHRAE. in response to our people in house, I recommended that we not "declare" anything of the sort, because I am afraid it can be construed as a warranty. I've attached the language, and am looking for some idea of what our consultant really means -- if anyone has any ideas. I've deleted firm names....


""Architect" and "Engineers" will both be responsible for declaring compliance under these different sections. When possible, I ask that these sections of ASHRAE 90.1-2004 be reviewed and that Architect and Engineer respond to this e-mail stating they are aware of the requirements and have no issues with compliance. When design is complete, we will be asking that both parties make official statements declaring compliance. This requirement is in addition to and separate from the energy modeling.

------
official statement? this sounds pretty sketchy to me, but I'm looking for how others have interpreted the requirement they are talking about. when I look at EA Pre. 2, it states only "Confirm that the project meets the requirements of ASHRAE 90.1-2004" How have others "confirmed" this?

thanks.
William C. Pegues, FCSI, CCS
Senior Member
Username: wpegues

Post Number: 761
Registered: 10-2002
Posted on Wednesday, October 29, 2008 - 04:57 pm:   Edit PostDelete PostPrint Post

This question/requirement has never shown up on any of the various LEED or other sustainable based systems we have done with numerous different consultants for LEED (or other systems) either through our DC office or the Dallas office.

Looks like to me that they think in some fashion that if the A/E does not 'declare compliance' that they will be held liable for such.

What is stated in the confirmation for the prerequisite is that the project has been designed in accordance with the requirements of the standard, we can't confirm the finished product meets it because we did not actually build it and are not operating it either.
Richard Howard, AIA CSI CCS LEED-AP
Senior Member
Username: rick_howard

Post Number: 194
Registered: 07-2003
Posted on Wednesday, October 29, 2008 - 05:53 pm:   Edit PostDelete PostPrint Post

We use the USGBC's LEED Online Sample Credit Templates at
http://www.usgbc.org/DisplayPage.aspx?CMSPageID=1447
The form for LEED NC2.2, EA-P2, is a declaration by the designer that "to the best of my knowledge" "the project meets the minimum energy efficiency requirements" (of ASHRAE 90.1-04).
You have to love those weasel words.
J. Peter Jordan
Senior Member
Username: jpjordan

Post Number: 296
Registered: 05-2004
Posted on Saturday, November 01, 2008 - 12:14 pm:   Edit PostDelete PostPrint Post

I have run into one LEED consultant who clearly does not understand the function of contract documents and insists that I insert a paragraph into every section which would create more liability on everyone's part. They also assert that projects using ARCOM's Masterspec product as a basis for the project specification have a difficult time getting LEED certification.

While they are not totally unuseful, they have created headaches by their lack of understanding of the role of the design professional, contractor, and owner; the relationships between the various parties; and the liability taken on by the design professional in producing contract documents.

Being from out of town, they have also displayed a lack of knowledge about the availability of regional materials. So far, I am ignoring their more egregious instructions.

I recently gave a presentation on LEED in which I emphasized that no single person or entity could be responsible for obtaining LEED certification. I am intrigued by how much intentional collaboration is required by the LEED process, and I would strongly suggest that is a good thing. A good LEED consultant should be able to facilitate this collaboration between the various participants; however, I would argue that a good architect should be able to do the same.

I would suggest that LEED consultants should become more informed about "best practices" for procuring buildings; however, as everyone (especially design professionals) becomes more informed, I believe "LEED consultants" will become marginalized and the subspecialty will wither away. Unless they have more to offer than understanding LEED certification requirements and process, their ability to make a unique contribution to the value of the project will diminish.
Anonymous
 
Posted on Monday, November 03, 2008 - 08:47 am:   Edit PostDelete PostPrint Post

Peter,

Only ONE? You are one lucky specifier.
Joel McKellar, LEED AP
Senior Member
Username: joelmckellar

Post Number: 36
Registered: 02-2006
Posted on Monday, December 01, 2008 - 11:49 am:   Edit PostDelete PostPrint Post

I strongly agree with Peter's comments. Looking at the prerequisites alone they are split between the architect (two prereqs), the commissioning agent (one prereq), the mep engineers (three prereqs), and the contractor (one prereq). If any prerequisite is missed the building will not be LEED certified, so it's pretty clear no one party can guarantee anything.

I think it would be reasonable for the consultant to request that the LEED documentation be compiled by those doing the respective design work, but a separate statement seems unnecessary and potentially redundant. Isn't that what you're doing when you fill out the credit template anyway?

Echoing William's statements, I'd be curious to read his/her contract to see what exactly his responsibilities to the project are. Never having worked with a separate 'sustainability' consultant, I'm curious as to what exactly they're paid to do with regard to LEED.
William C. Pegues, FCSI, CCS
Senior Member
Username: wpegues

Post Number: 770
Registered: 10-2002
Posted on Monday, December 01, 2008 - 12:00 pm:   Edit PostDelete PostPrint Post

Joel,

The consultant is tasked with preparing the the LEED checklist and working with the owner and various other owner consultants for what is required in their documents to comply. That would also include their working with us to inform us what points they are going with and what sections need to reference what materials for proximity, recycle and other certifications (VOC, wood chain of custody, etc) are required. They edit our masters for the division 1 LEED documents, and they review our draft at 75 percent to verify that we got it right.

Then they are responsible for reviewing and maintaining all LEED related submittals and for final accumulation of all documentation required to submit for LEED certification, making that certification submittal and any follow up additional information coordination as may be required.

We do all our projects this way. One reason, the owner does not want to pay us to track and review submittals from consultants that are not under us - and since we can't control their documents anyway, we don't want that responsibility.

Essentially, all to do with LEED all through the design and construction process and getting the certification at the end is the responsibility of the LEED consultant.

We have been doing all our projects that way for years and it has always run very smoothly. Oh, and the LEED consultant is not under us, his contract is not with us, it is with the Owner. The LEED consultant is a direct consultant to the Owner.

William

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