Comments on: Random Thoughts on LEED Challenges and De-certification

By: Guest Post: Get Ready for a Green World of Construction | Construction Law Carolinas

Thu, 14 Jul 2011 20:15:37 +0000

[...] optimistic of us to wonder about the future of green building. While I have on several occasions compared myself to Eeyore, the ever rained upon donkey and friend of Winnie the Pooh, when it comes to my outlook on the [...]

By: Jim Kirby

Jim Kirby — Fri, 01 Apr 2011 14:40:14 +0000

For the traditional architectural practice guarantees for LEED certification are highly inadvisable, if not foolish, due to the lack of control and continuity an architect is positioned with on projects after construction ends. I consult with public agencies for LEED certification projects and make it very clear to them that we have certification “goals.” My LEED contracts state this plainly.

Melissa- Regarding the ImaginOn facility here in Charlotte, the information being reported is flawed in that the project has been in receipt of such popularity that the operating hours have increased dramatically over the baseline energy projections – the energy performance per unit scale has remained constant but the lights are on a helluva lot more than the owner anticipated during design/construction. 30% is 30% regardless if the building is on 24/7 or 9-to-5. I’m good friends with an architect of the project and he gave me low down that the newspaper was angling on which was bogus at best.

By: LEED Certification Challenges: What is “Close Enough”? | Construction Law Musings- Richmond, VA

Mon, 14 Jun 2010 13:01:35 +0000

[...] do you think? Is “close enough” a good standard on these appeals? What about the potential issues for contractors who build to plans that do not meet the prerequisites but a building is certified only to have a [...]

By: Christopher G. Hill

Christopher G. Hill — Thu, 13 May 2010 19:32:28 +0000

Thanks for checking in Melissa. Goals is one way to do it. Another is to explicitly state what we all thought was the law to begin with, i. e. that the contractor builds what the engineer and architect designs. If the GC does that, they should be finished. .-= Christopher G. Hill´s last blog post ..Lead Paint Rule Update =-.

By: Melissa Brumback

Melissa Brumback — Thu, 13 May 2010 19:29:16 +0000

Chris:
I too have no answers to these questions. We have a building in Charlotte (Imaginon!) which is not meeting its LEED criteria ~18 months out from CO. It’s not clear what if anything will be done about the situation, or who may eventually be found liable.

But careful drafting of LEED goals instead of LEED guarantees would be one way to avoid the issue, assuming you can negotiate such a “goal” into the contract in lieu of performance!

By: Featured Idaho Real Estate Searches | Idaho Real Estate

Featured Idaho Real Estate Searches | Idaho Real Estate — Wed, 12 May 2010 15:26:39 +0000

[...] Random Thoughts on LEED Challenges and De-certification … [...]

By: Announcement: New Architectural Record iPad App Available | iPads, iPods, iPhones

Wed, 12 May 2010 12:38:40 +0000

[...] Random Thoughts on LEED Challenges and De-certification | Construction Law Musings- Richmond, VA [...]

By: Christopher G. Hill

Christopher G. Hill — Tue, 11 May 2010 13:43:22 +0000

Thanks for stopping by Chris! I have never been comfortable with guarantees of any third party certification. However, I agree that this new wrinkle adds a whole new layer to the issue. I hope that this does not bleed into the general sustainable building debate in a way that slows the progress in general just because of some potential issues with LEED and future liability. .-= Christopher G. Hill´s last blog post ..Lead Paint Rule Update =-.

By: Chris Cheatham

Chris Cheatham — Tue, 11 May 2010 13:39:37 +0000

I am struggling just to wrap my head around all of the issues that are created by the LEED Certification Challenge Policy. This certainly gives us a lot to talk about. Just when I was starting to get comfortable with LEED certification guarantees (in a design-build contract), this comes along. .-= Chris Cheatham´s last blog post ..First Ever LEED Challenge Denied =-.

By: Christopher G. Hill

Christopher G. Hill — Mon, 10 May 2010 14:00:38 +0000

Thanks for the post Alan. I hope that this discussion continues here and elsewhere. While the answers are not clear as of yet, the questions need to be asked and addressed. .-= Christopher G. Hill´s last blog post ..Lead Paint Rule Update =-.