Schinnerer's RM Blog

New Green Building Standards

In May, a new version of the Leadership in Energy and Environmental Design (LEED) ratings system for buildings was released for public comment. Rick Fedrizzi, President, CEO and Founding Chair of the U.S. Green Buildings Council, the organization that oversees LEED, wrote that the new system “delivers against key environmental and human health impacts, and puts in place a transparent framework for weighting credits accordingly, based on the best available science.” The public comment period will be open until June 22.

The 2009 version of LEED was crafted to increase the rating system's emphasis on a building's environmental, economic, and social impact. As Ted Smalley Bowen of the Architectural Record writes, the new version “consolidates the many LEED variants, such as the versions for new construction and commercial interiors, into a core set of requirements.” Smalley continues:

Other key changes include the addition of bonus points (eventually core points) for addressing regional environmental conditions, and a methodology for reallocating points within the scoring system to give greater weight to human health and the environment.

The new version also shifts the scale of credits to 100 points, up from the current 69, and places greater emphasis on limiting greenhouse gas emissions. An interesting exploration (and a slightly more critical and humorous one) of the changes can be found at the blog Real Life LEED.

The new release comes on the heels of a study by The American Institute of Architects (AIA) of the three green building rating systems, LEED, Green Globes, and SBTool 07, which asses how the programs “resonate in various dimensions with the goals of the AIA position statements on sustainability.” The statements, part of a larger AIA goal to achieve carbon neutrality in construction by 2030, can be found here.

The study seems to find LEED the most complete system, noting that Green Globes needed more “stringent and specific requirements in the areas of energy reduction and operational performance” since they have a direct relationship with carbon emissions. Similarly, the study looked for SBTool 07 to be more rigorous in their standards, preferring “‘required’ items vs. those that are simply ‘encouraged.’"

Modern Architectural Wonders

The April issue of Traveler magazine, published Condé Nast, has an article that picks the seven architectural wonders of the modern world. According to the article, “This year’s class of wondrous structures is responsible, variously, for transforming a neighborhood…revitalizing a landmark…and breaking all limits of what a building can be….” The seven architectural wonders are:

Cumulus Building, Danfoss Universe (Nordborg, Denmark) – Designed by Berlin-based architect Jürgen Mayer H., this building is an exhibit hall that’s part of the Danfoss Universe science and technology museum. The unique contours of this building give it a striking silhouette.
Burj Dubai (Dubai) – Chicago-based architect Adrian Smith designed this soon-to-be world’s tallest structure, which will measure 2,111 feet when finished. Smith made sure to incorporate regional design motifs and inspiration so that the building’s design would at least blend into the cityscape, size of the building notwithstanding.
Wembley Stadium (London) – Pritzker-prize winning architect Sir Norman Foster was the lead architect on the redesign of London’s most famous stadium. He added about 9,000 seats and eliminated obstructed sight lines by using one massive support arch to brace the stadium’s retractable roof. All of this is in preparation for 2012 when London hosts the Olympics.
New Museum (New York City) – Located in New York City’s Bowery district, the New Museum houses contemporary art from around the world. Designed by Japanese design team Kazuyo Sejima and Ryue Nishizawa, the museum is seen as the standard for revitalizing this section of New York City.
Kogod Courtyard, Smithsonian Institution (Washington, DC) – The Smithsonian is one of DC’s most well-known buildings, and British architect Sir Norman Foster took a careful approach in redesigning this part of the Reynolds Center, which is home to the American Art Museum and National Portrait Gallery.
Red Ribbon, Tanghe River Park (Qinhuangdao, China) – The Beijing-based firm of Turenscape designed this park as a garden and “ecological oasis.” In particular, the Red Ribbon is a 1/3-mile red bench that snakes and curves its way through around one of the park’s trails. The bench “orients the visitor, gives a frame of reference for the garden, provides seating, and, after dark, sheds light from the fixtures embedded in the structure.”

Photo: Raymond Meier, Condé Nast Traveler

Michael Lee-Chin Crystal, Royal Ontario Museum (Toronto) – American architect Daniel Libeskind designed this at times controversial entryway to the Royal Ontario Museum. Dubbed “The Crystal” by museum leaders, the structure’s exterior walls are often covered in footprints by people trying to get a better look at this unique structure.

Photo: Raymond Meier, Condé Nast Traveler

Keeping Client Negotiations Above the Table

This decision was first reported a few weeks ago, but it’s a valuable lesson in dealing with clients, both public and private.

Brent Wilkes, a defense contractor, was sentenced to 12 years in federal prison for bribing former Rep. Randy "Duke" Cunningham with cash, trips, the services of prostitutes, and other gifts in exchange for $87 million in Pentagon contracts. Wilkes, 53, was convicted in November on 13 counts of bribery, conspiracy, and wire fraud.

Wilkes blamed wrongdoing on others, particularly his former employee Mitchell Wade. Wade admitted in 2006 to giving Cunningham more than $1 million in kickbacks for about $150 million in government contracts. Wade awaits sentencing for his conviction.

Whether or not Wade was guilty of all of the illegal bribes to Cunningham still does not relieve Wilkes of wrongdoing. In a design professional firm, principals must be aware of all employee relationships with client s. And if there is any chance that something inappropriate took place firm management should conduct an internal investigation right away. Inaction by the firm could lead to allegations that the firm sanctioned the illegal activities.

Bribery laws both in the U.S. and abroad are strict and usually result in either hefty fines or jail time, sometimes both. In the international market, bribing a foreign official is a violation of the U.S. Foreign Corrupt Practices Act (FCPA). According to the FCPA statute, “corporations and other business entities are subject to a fine of up to $2,000,000; officers, directors, stockholders, employees, and agents are subject to a fine of up to $100,000 and imprisonment for up to five years. Moreover, under the Alternative Fines Act, these fines may be actually quite higher—the actual fine may be up to twice the benefit that the defendant sought to obtain by making the corrupt payment.”

As is the case with all risk exposures, the risk of getting caught bribing a public official, and all related punishments, far outweigh the benefits in getting projects, no matter how many millions in fees they generate.