Schinnerer's RM Blog - greendesign tag

New Frontier for Sustainability Ratings: Infrastructure Projects

Tue, 17 May 2011 14:00:00 GMT

The American Council of Engineering Companies (ACEC), the American Society of Civil Engineers (ASCE), and the American Public Works Association (APWA) have joined forces to form a new Institute for Sustainable Infrastructure (ISI). ISI is intended to be a non-profit entity with broad-based membership of owners, practitioners, and related stakeholders who will promote sustainability in infrastructure development and redevelopment. ISI intends to create a rating system that will verify engineering projects as sustainable by examining the economic, environmental, and social impacts of the projects.

More information about the ISI can be found at www.sustainableinfrastructure.org/ and

www.asce.org/Sustainability/ISI-Rating-System/.

New Resource Guide from AIA

Wed, 20 Apr 2011 12:45:00 GMT

In 2007, the AIA published standard owner-architect agreements that required the architect to communicate with the project owner on sustainable design alternatives. While this raised the requirements placed on architects and, mostly likely, the expectations of their clients who signed AIA standard contracts, there was a significant lack of guidance for architects on the contractual considerations unique to sustainable design and construction.

Into this void the ConsensusDOCS coalition introduced its Green Building Addendum that defined the goals, set out the expectations, and structured a delivery mechanism for green or high-performance projects by parsing out the roles of the owner, design firm, and constructor of a project.

Now, the AIA has announced that it will release AIA Document D503-2011, Guide for Sustainable Projects, including Agreement Amendments and Supplementary Conditions, which is meant to assist users of AIA documents by providing model language that can be used to amend or supplement key AIA contract documents for use in these types of projects.

According to the AIA, the guide will address the current state of sustainable design and construction, discussing issues and concepts, including:

Certification systems, codes, and legislation affecting sustainable design and construction projects;
Risks and responsibilities faced by project owners, contractors, and architects on sustainable design and construction projects; and
Recommendations for model language to assist the architect in developing a scope of services and to assist all project participants in appropriately allocating risks and responsibilities.

The AIA will not be selling the guide as part of its contract documents system; it will be available as a free download at www.aia.org/sustainableprojectsguide following its introduction in May at the AIA’s annual convention.

LEED Certification

Thu, 14 Apr 2011 18:25:00 GMT

The increasing emphasis on sustainability and high-performance buildings presents both opportunities and risks for design professionals. The most important factor in preventing claims based on the underperformance of a sustainable design is that all parties involved understand, and acknowledge in writing, the inherent risks with such a project, the factors that make the outcome unpredictable, and the limits and responsibilities of each stakeholder to manage risks.

We recently reviewed a contract that contained the following provision:

In the event Owner requests but is denied the level of LEED certification it seeks from the U.S. Green Building Council because of deficiencies that are the fault of Engineer with regard to the design or construction of the Project, the required records of the construction or otherwise, then, in such event, Engineer shall be liable to Owner for all costs, expenses, losses, liabilities, diminished value or other damages incurred by Owner as a result of not obtaining such level of LEED certification.

This language increases the insured’s liability to beyond what is expected under the law and could result in claims not covered by insurance. Under U.S. common law, design professionals have the responsibility of using due care in providing their services. There is no warranty of the efficacy of professional services, nor does the design professional provide a warranty for the work of the contractor or others based on the services or instruments of service provided by the design professional. Professional liability insurance policies exclude coverage for claims arising out of express warranties or guarantees. Because coverage is for professional services provided, and not assumed contractual obligations, professional liability insurance does not "stretch" to provide coverage for a warranty of services beyond meeting the standard of care.

Establishing reasonable expectations at the beginning of the project is vital. One way to avoid unreasonable contractual provisions and unrealistic expectations is by informing the client that design services are recommendations that the client has to understand, and once satisfied, accept. It is essential to avoid language that could be construed to establish a warranty of service or results.

The following is an example of language that can be used when a client wants third-party certification of sustainability:

Client has made Design Firm aware that Client intends to pursue [specific certification standard] for this Project. Design Firm shall research the applicable certification requirements, design the Project with the intention of having the Project meet the requirements, and document the design of the Project for submission by the Client to the certifying organization. Client recognizes that certification is not based on design alone, but also on the construction, operation, and maintenance of the Project and therefore agrees that it shall bring no claim against Design Firm if the project is not certified as intended, unless the negligence of the Design Firm is the sole cause of the Project not being certified.

Client also recognizes that during the design of the Project, Design Firm shall use professional judgment in the selection of materials, products, and systems for the Project with the goal of meeting certification criteria, but that Design Firm cannot and does not warrant the performance of any specified material, product, or system. Design Firm will identify for Client any material, product, or system that, in the Design Firm’s judgment based on examination of available performance information, might provide Client with a benefit on this Project, but does not have adequate information on its performance in actual construction or operation. Client acknowledges that it shall look solely to the manufacturer, supplier, or installer of materials, products, or systems if performance does not meet expectations.

Contractual provisions such as disclaimers and other exculpatory language need to be worded carefully and should be drafted with the assistance of local legal counsel.

New LEED Rating System under Development

Thu, 27 Jan 2011 16:37:00 GMT

The next version of the LEED Rating System is under development, with the first Public Comment Period having closed on January 19. According to the U.S. Green Building Council (USGBC), over 5000 comments were received from LEED stakeholders. Revisions to the rating system language will be made by staff and LEED committees based on these comments. The second Public Comment Period is expected to begin in July 2011.

Design professionals should take the time to participate and contribute to the development of codes and regulations that affect the services they provide. We think it is important that all LEED accredited professionals should, at the very least, monitor the proposed updates to the system. USGBC expects that the next version of the LEED Rating System will be released in November 2012.

In addition, Schinnerer offers the following two Advisories on sustainability (limited to policyholder use only):

Staying warm this winter

Thu, 13 Jan 2011 15:08:00 GMT

Engineers in Sweden have found a way to channel the body heat from commuters passing through Stockholm’s Central Station to heat another building located across the street. The technology is not new (using heat exchangers to convert the excess body heat into hot water), but it does present a potentially new way of reducing heating costs. These types of solutions make sense in communities with low winter temperatures and high energy prices. The successful implementation of this technology means that we could future urban environments that are coordinated to take advantage of excess body heat.