GREEN CONSTRUCTION

Whether you are an owner, design professional, consultant, or contractor there are numerous pitfalls to be aware of when negotiating and drafting a construction contract related to a project seeking green certification. For example, who is responsible if the project does not obtain the level of certification sought or if the project is not certified at all?

Each member of a construction team, whether architect, owner, or general contractor, needs clear language on their specific responsibilities at each phase of the project. For example, who is responsible for submitting certification documentation and seeking credit interpretations? Who will be responsible for selecting the Commissioning Authority?

In particular, change requests—a fact of life in any construction project—can be complicated when a project is also working toward Green certification. It an owner decides to switch project requirements in the middle of a job, this change must be evaluated in terms of how it will affect the Green attributes of the project, in addition to the change impact on the various team members.

In addition, going for Green certification carries with it implicit risks. What happens, for example, if a sub-contractor procures materials that cause the project to miss energy or air quality specifications? Without explicit language in your construction contract, that risk could easily revert to you, or at least subject you to costly litigation later on.

Careful negotiation of your company's role and a detailed assessment of risk exposure is a necessary prerequisite to Green certification. Depending upon your circumstances, the standard AIA documents may not afford sufficient protection. A customized, construction contract tailored to your project’s individual attributes is almost always appropriate when you are working on a project seeking green certification.