Presenters
NASBP Virtual Seminar
Understanding AIA Sustainable Projects Documents: What Surety Professionals Need to Know October 22, 2013
1 1
Presenters Joshua W. Ballance is an Associate Counsel at the American Institute of Architects in Washington, D.C. Joshua provides legal advice and guidance to the AIA’s Contract Documents Committee on updating current AIA Contract Documents and the development of new AIA Contract Documents. Most recently, Joshua played a key role in the development of the AIA’s Sustainable Projects documents and the AIA’s Guide for Sustainable Projects. Prior to joining the AIA, Joshua was a Staff Attorney at Clark Construction Group, LLC in Bethesda, Maryland. Martha L. Perkins is General Counsel of the National Association of Surety Bond Producers. Prior to joining the NASBP, Martha Perkins was a construction and surety attorney in private practice in Washington, D.C., representing owners, contractors, and sureties. She is a frequent speaker and author on topics related to construction contracts, contract surety bonds, and commercial surety bonds.
2 2
2
This presentation is protected by U.S. and international copyright laws. Reproduction, distribution, display and use of the presentation without written permission of the speaker is prohibited.
3 3
1
The American Institute of Architects and NASBP have provided this program and accompanying materials for general AIA Contract Document informational purposes only. The information is not provided as legal advice. The information provided cannot be used for mediation, arbitration, or litigation purposes. Transmission and/or receipt of this information does not create an attorney-client relationship. No one should act upon this information without seeking appropriate legal counsel on the particular facts and circumstances at issue.
4 4
Virtual Seminar Outline Background information on the AIA’s Sustainable Projects document, including the Special Definitions Detailed discussion of the new language included in the Sustainable Projects documents Roles, responsibilities, and risks unique to sustainable projects and key contract provisions that allocate/shift risks Discussion of a Sustainability Plan D503-2013, Guide for Sustainable Projects
5 5
What is Sustainable Design and Construction? “Sustainable” may include a range of project goals Achieving a sustainability certification such as LEED® Incorporating building elements designed to address environmental concerns or achieve energy savings Incorporating features to achieve sustainable elements required by code
6 6
2
What Sustainable Objectives may Owners want to achieve? Rating system metrics LEED® Green Globes Energy Star Building design or performance metrics Decreased energy or water use Occupancy health and comfort Incorporation of sustainable materials
7 7
Sustainable Building Codes/ Mandated Requirements State and Local Codes: CALGreen Code (comprehensive with own standards and requirements) D.C. Green Building Act (requires LEED® certification)
International Green Construction Code: Overlay to use in conjunction with International Code Council building codes
GSA requirements: Mandates all projects achieve LEED® Gold status
8 8
Introduction to the AIA Sustainable Projects Documents
9 9
3
May 2012 Release Five new “Sustainable Projects” (SP) Documents Update to B214: Architect Scope of Services for LEED Certification Based on concepts developed in AIA Document D503™-2011, Guide for Sustainable Projects
10 10
The Sustainable Projects Documents A101™-2007 SP, Standard Form of Agreement Between Owner and Contractor, for use on a Sustainable Project where the basis of payment is a Stipulated Sum A201™-2007 SP, General Conditions of the Contract for Construction, for use on a Sustainable Project A401™-2007 SP, Standard Form of Agreement Between Contractor and Subcontractor, for use on a Sustainable Project B101™-2007 SP, Standard Form of Agreement Between Owner and Architect, for use on a Sustainable Project C401™-2007 SP, Standard Form of Agreement Between Architect and Consultant, for use on a Sustainable Project
11 11
Reviewers of the Sustainable Projects Documents Members of ABA Forum on the Construction Industry AIA Committee on the Environment, Large Firm Roundtable and Risk Management Committee A major multi-regional contractor National Association of Surety Bond Producers Countless other individual attorneys and design professionals with expertise in this area
12 12
4
The Sustainable Projects Documents The new documents are: Based on standard and familiar AIA Contract Documents Include key revisions to help all project participants manage the new roles, responsibilities and risks that may be encountered on sustainable projects Builds on model language originally developed for D503-2011, Guide for Sustainable Projects, including Agreement Amendments and Supplementary Conditions Includes a detailed process to allocate discrete tasks to the project participants to assist meeting the Owner’s sustainable goals for the Project
13 13
What does “Sustainable” mean? “Sustainable” is not a defined term but is used in the Sustainable Projects documents to describe projects that incorporate design and construction practices that: Offer benefits to the environment Enhance health and well being of building occupants, or Increase energy and water efficiency
14 14
Process Described in the Sustainable Projects Documents The Sustainable Projects documents provide a process for successful completion of a Sustainable Project through: Special Definitions Allocation of Risks and Responsibilities Scope of Architect’s Services for Sustainable Projects A fully integrated scope of documents for a design-bidbuild project, including Owner/Architect, Owner/Contractor, Contractor/Subcontractor and Architect/Consultant agreements
15 15
5
Special Definitions in A201–2007 SP Sustainable Objective Sustainable Measure Sustainability Plan Sustainability Certification Documentation for Certification Certifying Authority
16 16
Sustainable Objective and Sustainable Measures Sustainable Objective Owner’s goal of incorporating Sustainable Measures into the design, construction, maintenance and operations of the Project to achieve a Sustainability Certification or other benefit to the environment, to enhance the health and well-being of building occupants, or to improve energy efficiency. The Sustainable Objective is identified in the Sustainability Plan. Sustainable Measure A specific design or construction element, or post-occupancy use, operation, maintenance or monitoring requirement that must be completed in order to achieve the Sustainable Objective. The Owner, Architect and Contractor shall each have responsibility for the Sustainable Measure(s) allocated to them in the Sustainability Plan.
17 17
Sustainability Plan The Sustainability Plan is a Contract Document that identifies and describes: the Sustainable Objective; the targeted Sustainable Measures; implementation strategies selected to achieve the Sustainable Measures; the Owner’s, Architect’s and Contractor’s roles and responsibilities associated with achieving the Sustainable Measures; the specific details about design reviews, testing or metrics to verify achievement of each Sustainable Measure; and the Sustainability Documentation required for the Project.
*Key document that provides the roadmap to the Owner, Architect and Contractor to complete a Sustainable Project.
18 18
6
Certification-Related Definitions Sustainability Certification Initial third-party certification of sustainable design, construction, or environmental or energy performance. Sustainability Documentation All documentation related to the Sustainable Objective or to a specific Sustainable Measure that the Owner, Architect or Contractor is required to prepare in accordance with the Contract Documents. Certifying Authority Entity that establishes criteria for achievement of a Sustainability Certification and is authorized to grant or deny a Sustainability Certification.
19 19
Allocation of Risks and Responsibilities (B101–2007 SP) § 5.13 Based on the Owner’s approval of the Sustainability Plan and any approved changes to the Sustainability Plan, the Owner shall perform those Sustainable Measures identified as the responsibility of the Owner in the Sustainability Plan, or as otherwise required by the Contract Documents. The Owner shall require that each of its contractors and consultants performs the contractor’s or consultant’s services in accordance with the Sustainability Plan. (B101–2007 SP) § 3.3.4.2 The Architect shall perform those Sustainable Measures identified as the responsibility of the Architect in the approved Sustainability Plan and any approved changes to the Sustainability Plan. If the Sustainability Plan requires the Architect to provide services beyond those based on the Initial Information, those services shall be provided pursuant to Section 4.3.1.1. (A201–2007 SP) § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents, including any Sustainable Measures identified as the responsibility of the Contractor in the Sustainability Plan.
20 20
Special Issues of Interest to Each Party
21 21 21
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Special Issues of Interest to Owners Owner Responsibilities The Owner plays a key role in achieving its Sustainable Objective: During pre-construction – e.g., site selection, material and equipment selection During construction—e.g., retaining special consultants, budgeting considerations Post-completion—e.g., operation and maintenance requirements, tenant usage of the building
22 22
Special Issues of Interest to Architects Untested Materials (B101–2007 SP § 3.3.5.2) Recognizes that the Project may require use of materials and equipment that have had limited testing or verification of performance. Architect discusses with Owner potential effects on the Sustainable Objective if such materials or equipment fails to perform in accordance with manufacturer’s representation Owner decides whether or not to use If Owner approves use, Architect not responsible for failure to achieve Sustainable Objective as result
23 23
Special Issues of Interest to Architects Claims and Damages Consequential Damages: Standard waiver modified to clarify that there are certain types of damages on sustainable projects that the parties agree are consequential B101-2007 SP § 8.1.3.1 The mutual waiver in this Section 8.1.3 expressly includes those consequential damages resulting from failure of the Project to achieve the Sustainable Objective, or one or more Sustainable Measures, including unachieved energy savings, unintended operational expenses, lost financial or tax incentives, or unachieved gains in worker productivity.
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8
Special Issues of Interest to Architects Guarantees and Warranties B101-2007 SP § 10.9 The Owner and Architect acknowledge that achieving the Sustainable Objective is dependent on many factors beyond the Architect’s control, such as the Owner’s use and operation of the Project; the Work provided by the Contractor or the work or services provided by the Owner’s other contractors or consultants; or interpretation of credit requirements by a Certifying Authority. Accordingly, the Architect does not warrant or guarantee that the Project will achieve the Sustainable Objective.
25 25
Special Issues of Interest to the Contractor Review of Site Conditions A201-2007 SP § 3.2.2.1 obligates the Contractor to notify the Owner and Architect if the Contractor discovers a condition that will adversely affect the achievement of a Sustainable Measure and meet with the Owner and Architect to discuss alternatives to remedy the condition.
26 26
Special Issues of Interest to Contractor Cleaning Up—Waste Management Plan Significant added obligation of Contractor on Sustainable Projects: A201-2007 SP § 3.15.1 …The Contractor shall also recycle, reuse, remove or dispose of materials as required by the Contract Documents. A201 -2007 SP § 3.15.2 The Contractor, in accordance with the Contract Documents, shall prepare and submit to the Architect and Owner a construction waste management and disposal plan setting forth the procedures and processes for salvaging, recycling or disposing of construction waste generated from the Project.
27 27
9
Special Issues of Interest to Contractor Substitutions A201-2007 SP § 3.4.2.1 May impact achievement of Sustainable Measure Contract language requires contractor to identify effect of substitution request on Sustainable Measure or Sustainable Objective Contractor may request additional information from the Architect regarding the originally specified material “The Owner and Architect shall be entitled to rely on any such representation.” Contractor question – Is this an acceptable risk?
28 28
Special Issues of Interest to Contractor Guaranteeing Performance Warranties: Sustainable Objective requires multi-party contribution Inappropriate for Contractor to use language that warrants achievement of the Sustainable Objective
Disclaimer of Warranty: A201-2007 SP § 3.5.2 Contractor shall perform Sustainable Measures required of Contractor in accordance with Contract Documents, however, nothing in Section 3.5 can be construed as a guarantee or warranty by Contractor that Project will achieve Sustainable Objective.
29 29
Special Issues of Interest to Contractor Submittals (shop drawings, product data, samples, etc.) play an increasingly important role on sustainable projects. Submittals related to sustainable products, materials and methods often require additional preparation time. Contractor should consider including additional time in its submittal schedule to allow for such preparation. Multiple submittals related to a Sustainable Measure may need to be considered together for collective effect on achieving a Sustainable Measure.
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10
Special Issues of Interest to Contractor Damages Consequential: A201 -2007 SP § 15.1.6.3 Damages resulting from failure of the Project to achieve the Sustainable Objective or one or more of the Sustainable Measures including unachieved energy savings, unintended operational expenses, lost financial or tax incentives, or unachieved gains in worker productivity. Caution: Be wary of executing a contract that eliminates the mutual waiver of consequential damages language.
31 31
Special Issues of Interest to Contractors Substantial Completion: Not tied to achievement of Certification (A201–2007 SP) § 9.8.1 . . . Except for that portion of the Sustainability Documentation which by its nature must be provided after Substantial Completion, the Contractor shall submit all other Sustainability Documentation required from the Contractor by the Contract Documents no later than the date of Substantial Completion. Verification that the Project has achieved the Sustainable Objective, or the actual achievement of the Sustainable Objective, shall not be a condition precedent to issuance of a Certificate of Substantial Completion in accordance with Section 9.8.4.
32 32
Special Issues of Interest to Contractors Substantial Completion: Not tied to achievement of the Sustainable Objective, including Sustainability Certifications such as LEED Contractor is cautioned against contract that requires achievement of Sustainable Objective as a condition precedent to Substantial Completion. Note well: AIA advises that a performance bond is security to cover Contractor’s failure to perform in accordance with the Contract Documents. AIA advises that Owner might consider extending the Contractor’s corrective period Such issues need discussions and dialogues.
33 33
11
Newly Revised D503-2013, Guide for Sustainable Projects General background information on topics of interest to those pursuing sustainable projects, including the Special Definitions Detailed discussion of revisions included in AIA’s Sustainable Projects documents Discussion of the IgCC and sustainable codes and rating systems Detailed discussion and example of the Sustainability Plan
34 34
Example of a Sustainability Plan
35 35
Example of a Sustainability Plan (LEED®)
36 36
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Where can I get D503–2013? www.aia.org/sustainableprojectsguide
37 37
Sustainable Projects versions of the CMc and CMa documents are currently being developed with an expected release in the Fall of 2013
38 38
Questions If you do not have the opportunity to have your question addressed during the Seminar, you may contact the presenters directly:
Joshua W. Ballance AIA
Martha L. Perkins NASBP
202-626-7579 [email protected]
202-464-1214 [email protected]
39 39
13
Understanding AIA Sustainable Projects Documents: What Surety Professionals Need to Know October 22, 2013
1 1
Presenters Joshua W. Ballance is an Associate Counsel at the American Institute of Architects in Washington, D.C. Joshua provides legal advice and guidance to the AIA’s Contract Documents Committee on updating current AIA Contract Documents and the development of new AIA Contract Documents. Most recently, Joshua played a key role in the development of the AIA’s Sustainable Projects documents and the AIA’s Guide for Sustainable Projects. Prior to joining the AIA, Joshua was a Staff Attorney at Clark Construction Group, LLC in Bethesda, Maryland. Martha L. Perkins is General Counsel of the National Association of Surety Bond Producers. Prior to joining the NASBP, Martha Perkins was a construction and surety attorney in private practice in Washington, D.C., representing owners, contractors, and sureties. She is a frequent speaker and author on topics related to construction contracts, contract surety bonds, and commercial surety bonds.
2 2
2
This presentation is protected by U.S. and international copyright laws. Reproduction, distribution, display and use of the presentation without written permission of the speaker is prohibited.
3 3
1
The American Institute of Architects and NASBP have provided this program and accompanying materials for general AIA Contract Document informational purposes only. The information is not provided as legal advice. The information provided cannot be used for mediation, arbitration, or litigation purposes. Transmission and/or receipt of this information does not create an attorney-client relationship. No one should act upon this information without seeking appropriate legal counsel on the particular facts and circumstances at issue.
4 4
Virtual Seminar Outline Background information on the AIA’s Sustainable Projects document, including the Special Definitions Detailed discussion of the new language included in the Sustainable Projects documents Roles, responsibilities, and risks unique to sustainable projects and key contract provisions that allocate/shift risks Discussion of a Sustainability Plan D503-2013, Guide for Sustainable Projects
5 5
What is Sustainable Design and Construction? “Sustainable” may include a range of project goals Achieving a sustainability certification such as LEED® Incorporating building elements designed to address environmental concerns or achieve energy savings Incorporating features to achieve sustainable elements required by code
6 6
2
What Sustainable Objectives may Owners want to achieve? Rating system metrics LEED® Green Globes Energy Star Building design or performance metrics Decreased energy or water use Occupancy health and comfort Incorporation of sustainable materials
7 7
Sustainable Building Codes/ Mandated Requirements State and Local Codes: CALGreen Code (comprehensive with own standards and requirements) D.C. Green Building Act (requires LEED® certification)
International Green Construction Code: Overlay to use in conjunction with International Code Council building codes
GSA requirements: Mandates all projects achieve LEED® Gold status
8 8
Introduction to the AIA Sustainable Projects Documents
9 9
3
May 2012 Release Five new “Sustainable Projects” (SP) Documents Update to B214: Architect Scope of Services for LEED Certification Based on concepts developed in AIA Document D503™-2011, Guide for Sustainable Projects
10 10
The Sustainable Projects Documents A101™-2007 SP, Standard Form of Agreement Between Owner and Contractor, for use on a Sustainable Project where the basis of payment is a Stipulated Sum A201™-2007 SP, General Conditions of the Contract for Construction, for use on a Sustainable Project A401™-2007 SP, Standard Form of Agreement Between Contractor and Subcontractor, for use on a Sustainable Project B101™-2007 SP, Standard Form of Agreement Between Owner and Architect, for use on a Sustainable Project C401™-2007 SP, Standard Form of Agreement Between Architect and Consultant, for use on a Sustainable Project
11 11
Reviewers of the Sustainable Projects Documents Members of ABA Forum on the Construction Industry AIA Committee on the Environment, Large Firm Roundtable and Risk Management Committee A major multi-regional contractor National Association of Surety Bond Producers Countless other individual attorneys and design professionals with expertise in this area
12 12
4
The Sustainable Projects Documents The new documents are: Based on standard and familiar AIA Contract Documents Include key revisions to help all project participants manage the new roles, responsibilities and risks that may be encountered on sustainable projects Builds on model language originally developed for D503-2011, Guide for Sustainable Projects, including Agreement Amendments and Supplementary Conditions Includes a detailed process to allocate discrete tasks to the project participants to assist meeting the Owner’s sustainable goals for the Project
13 13
What does “Sustainable” mean? “Sustainable” is not a defined term but is used in the Sustainable Projects documents to describe projects that incorporate design and construction practices that: Offer benefits to the environment Enhance health and well being of building occupants, or Increase energy and water efficiency
14 14
Process Described in the Sustainable Projects Documents The Sustainable Projects documents provide a process for successful completion of a Sustainable Project through: Special Definitions Allocation of Risks and Responsibilities Scope of Architect’s Services for Sustainable Projects A fully integrated scope of documents for a design-bidbuild project, including Owner/Architect, Owner/Contractor, Contractor/Subcontractor and Architect/Consultant agreements
15 15
5
Special Definitions in A201–2007 SP Sustainable Objective Sustainable Measure Sustainability Plan Sustainability Certification Documentation for Certification Certifying Authority
16 16
Sustainable Objective and Sustainable Measures Sustainable Objective Owner’s goal of incorporating Sustainable Measures into the design, construction, maintenance and operations of the Project to achieve a Sustainability Certification or other benefit to the environment, to enhance the health and well-being of building occupants, or to improve energy efficiency. The Sustainable Objective is identified in the Sustainability Plan. Sustainable Measure A specific design or construction element, or post-occupancy use, operation, maintenance or monitoring requirement that must be completed in order to achieve the Sustainable Objective. The Owner, Architect and Contractor shall each have responsibility for the Sustainable Measure(s) allocated to them in the Sustainability Plan.
17 17
Sustainability Plan The Sustainability Plan is a Contract Document that identifies and describes: the Sustainable Objective; the targeted Sustainable Measures; implementation strategies selected to achieve the Sustainable Measures; the Owner’s, Architect’s and Contractor’s roles and responsibilities associated with achieving the Sustainable Measures; the specific details about design reviews, testing or metrics to verify achievement of each Sustainable Measure; and the Sustainability Documentation required for the Project.
*Key document that provides the roadmap to the Owner, Architect and Contractor to complete a Sustainable Project.
18 18
6
Certification-Related Definitions Sustainability Certification Initial third-party certification of sustainable design, construction, or environmental or energy performance. Sustainability Documentation All documentation related to the Sustainable Objective or to a specific Sustainable Measure that the Owner, Architect or Contractor is required to prepare in accordance with the Contract Documents. Certifying Authority Entity that establishes criteria for achievement of a Sustainability Certification and is authorized to grant or deny a Sustainability Certification.
19 19
Allocation of Risks and Responsibilities (B101–2007 SP) § 5.13 Based on the Owner’s approval of the Sustainability Plan and any approved changes to the Sustainability Plan, the Owner shall perform those Sustainable Measures identified as the responsibility of the Owner in the Sustainability Plan, or as otherwise required by the Contract Documents. The Owner shall require that each of its contractors and consultants performs the contractor’s or consultant’s services in accordance with the Sustainability Plan. (B101–2007 SP) § 3.3.4.2 The Architect shall perform those Sustainable Measures identified as the responsibility of the Architect in the approved Sustainability Plan and any approved changes to the Sustainability Plan. If the Sustainability Plan requires the Architect to provide services beyond those based on the Initial Information, those services shall be provided pursuant to Section 4.3.1.1. (A201–2007 SP) § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents, including any Sustainable Measures identified as the responsibility of the Contractor in the Sustainability Plan.
20 20
Special Issues of Interest to Each Party
21 21 21
7
Special Issues of Interest to Owners Owner Responsibilities The Owner plays a key role in achieving its Sustainable Objective: During pre-construction – e.g., site selection, material and equipment selection During construction—e.g., retaining special consultants, budgeting considerations Post-completion—e.g., operation and maintenance requirements, tenant usage of the building
22 22
Special Issues of Interest to Architects Untested Materials (B101–2007 SP § 3.3.5.2) Recognizes that the Project may require use of materials and equipment that have had limited testing or verification of performance. Architect discusses with Owner potential effects on the Sustainable Objective if such materials or equipment fails to perform in accordance with manufacturer’s representation Owner decides whether or not to use If Owner approves use, Architect not responsible for failure to achieve Sustainable Objective as result
23 23
Special Issues of Interest to Architects Claims and Damages Consequential Damages: Standard waiver modified to clarify that there are certain types of damages on sustainable projects that the parties agree are consequential B101-2007 SP § 8.1.3.1 The mutual waiver in this Section 8.1.3 expressly includes those consequential damages resulting from failure of the Project to achieve the Sustainable Objective, or one or more Sustainable Measures, including unachieved energy savings, unintended operational expenses, lost financial or tax incentives, or unachieved gains in worker productivity.
24 24
8
Special Issues of Interest to Architects Guarantees and Warranties B101-2007 SP § 10.9 The Owner and Architect acknowledge that achieving the Sustainable Objective is dependent on many factors beyond the Architect’s control, such as the Owner’s use and operation of the Project; the Work provided by the Contractor or the work or services provided by the Owner’s other contractors or consultants; or interpretation of credit requirements by a Certifying Authority. Accordingly, the Architect does not warrant or guarantee that the Project will achieve the Sustainable Objective.
25 25
Special Issues of Interest to the Contractor Review of Site Conditions A201-2007 SP § 3.2.2.1 obligates the Contractor to notify the Owner and Architect if the Contractor discovers a condition that will adversely affect the achievement of a Sustainable Measure and meet with the Owner and Architect to discuss alternatives to remedy the condition.
26 26
Special Issues of Interest to Contractor Cleaning Up—Waste Management Plan Significant added obligation of Contractor on Sustainable Projects: A201-2007 SP § 3.15.1 …The Contractor shall also recycle, reuse, remove or dispose of materials as required by the Contract Documents. A201 -2007 SP § 3.15.2 The Contractor, in accordance with the Contract Documents, shall prepare and submit to the Architect and Owner a construction waste management and disposal plan setting forth the procedures and processes for salvaging, recycling or disposing of construction waste generated from the Project.
27 27
9
Special Issues of Interest to Contractor Substitutions A201-2007 SP § 3.4.2.1 May impact achievement of Sustainable Measure Contract language requires contractor to identify effect of substitution request on Sustainable Measure or Sustainable Objective Contractor may request additional information from the Architect regarding the originally specified material “The Owner and Architect shall be entitled to rely on any such representation.” Contractor question – Is this an acceptable risk?
28 28
Special Issues of Interest to Contractor Guaranteeing Performance Warranties: Sustainable Objective requires multi-party contribution Inappropriate for Contractor to use language that warrants achievement of the Sustainable Objective
Disclaimer of Warranty: A201-2007 SP § 3.5.2 Contractor shall perform Sustainable Measures required of Contractor in accordance with Contract Documents, however, nothing in Section 3.5 can be construed as a guarantee or warranty by Contractor that Project will achieve Sustainable Objective.
29 29
Special Issues of Interest to Contractor Submittals (shop drawings, product data, samples, etc.) play an increasingly important role on sustainable projects. Submittals related to sustainable products, materials and methods often require additional preparation time. Contractor should consider including additional time in its submittal schedule to allow for such preparation. Multiple submittals related to a Sustainable Measure may need to be considered together for collective effect on achieving a Sustainable Measure.
30 30
10
Special Issues of Interest to Contractor Damages Consequential: A201 -2007 SP § 15.1.6.3 Damages resulting from failure of the Project to achieve the Sustainable Objective or one or more of the Sustainable Measures including unachieved energy savings, unintended operational expenses, lost financial or tax incentives, or unachieved gains in worker productivity. Caution: Be wary of executing a contract that eliminates the mutual waiver of consequential damages language.
31 31
Special Issues of Interest to Contractors Substantial Completion: Not tied to achievement of Certification (A201–2007 SP) § 9.8.1 . . . Except for that portion of the Sustainability Documentation which by its nature must be provided after Substantial Completion, the Contractor shall submit all other Sustainability Documentation required from the Contractor by the Contract Documents no later than the date of Substantial Completion. Verification that the Project has achieved the Sustainable Objective, or the actual achievement of the Sustainable Objective, shall not be a condition precedent to issuance of a Certificate of Substantial Completion in accordance with Section 9.8.4.
32 32
Special Issues of Interest to Contractors Substantial Completion: Not tied to achievement of the Sustainable Objective, including Sustainability Certifications such as LEED Contractor is cautioned against contract that requires achievement of Sustainable Objective as a condition precedent to Substantial Completion. Note well: AIA advises that a performance bond is security to cover Contractor’s failure to perform in accordance with the Contract Documents. AIA advises that Owner might consider extending the Contractor’s corrective period Such issues need discussions and dialogues.
33 33
11
Newly Revised D503-2013, Guide for Sustainable Projects General background information on topics of interest to those pursuing sustainable projects, including the Special Definitions Detailed discussion of revisions included in AIA’s Sustainable Projects documents Discussion of the IgCC and sustainable codes and rating systems Detailed discussion and example of the Sustainability Plan
34 34
Example of a Sustainability Plan
35 35
Example of a Sustainability Plan (LEED®)
36 36
12
Where can I get D503–2013? www.aia.org/sustainableprojectsguide
37 37
Sustainable Projects versions of the CMc and CMa documents are currently being developed with an expected release in the Fall of 2013
38 38
Questions If you do not have the opportunity to have your question addressed during the Seminar, you may contact the presenters directly:
Joshua W. Ballance AIA
Martha L. Perkins NASBP
202-626-7579 [email protected]
202-464-1214 [email protected]
39 39
13
