Page 288 - The Green Building Bottom Line The Real Cost of Sustainable Building

266 CHAPTER 9

must be responsible for these steps. If the developer lacks the in-house expertise to do
so itself, then it must have a contract obligating another party to do so.
As mentioned above, one possibility is for the developer to hire a sustainable-
building consultant specifically to navigate the certification process. A LEED consult-
ant can offer advice on which points are achievable, complete the necessary
documents, make sure testing is completed at the appropriate time, and alert the devel-
oper to points in the process where particular actions are required. (A project will earn
a LEED point simply for having a LEED Accredited Professional on the project team.)
In situations where the architect, engineer, or general contractor is qualified to provide
services related to certification, it may not be necessary to retain an additional con-
sultant. Whoever the party helping you with verification is, your contract with that
party should be specific as to what its obligations are.

Sample Contract Provision for Certification Assistance

The following is a sample provision of a contract between a developer and
architect where the architect has agreed to assist the developer seek LEED
certification for a project:

“Architect shall be responsible for assisting Owner to seek LEED certifi-
cation for the project. Without limiting the generality of the foregoing,
Architect agrees to:
(i) Attend design charettes and other meetings to specify goals for
the project;
(ii) Research the feasibility of the project’s achieving LEED points;
(iii) Consult with Owner regarding the design of the project and the
pursuit of LEED certification;
(iv) Provide such reports to Owner regarding the project’s pursuit of
LEED certification as Owner shall request;
(v) Prepare a plan for LEED certification, including a list of LEED
points to be sought, the strategy for achieving each such point, a
certification schedule, and such other information as Owner shall
request;
(vi) Register the project as required for certification;
(vii) Supervise the bidding of the project to prospective contractors,
including providing such information as bidders may require in
order to prepare a bid contemplating the requirements of the pro-
posed LEED points being sought;
(viii) Supervise the construction of the project to ensure that the proj-
ect is constructed in accordance with the requirements of the