Mitigating LEED Certification Risks for Contractors, Engineers, and Architects using Integrated Project Delivery

LEED Certifications are great branding tools.

Having such a certification is a very efficient way to communicate the values of the building owners to potential employees and stakeholders that care about the environment.  However, these certifications can pose some risks for Contractors, Engineers, and Architects. There are certain risk mitigation techniques for Contractors, Engineers, and Architects in Nebraska, Iowa, Kansas, and Missouri can use.

Building owners may want to seek a LEED or Certification for a variety of reasons.  Perhaps they can build a taller building if it is LEED Certified.

Contractors, Architects, and Engineers are often excited to work on projects involving a LEED certification given notoriety it may provide for their work.  However, LEED Certification is based on 110 points in a variety areas that a variety of other parties control.  For example,

• location/transportation – (16 points) – the location may be set before the Contractors, Architects, or Engineer is involved. Developing areas near pre-existing roads/infrastructure and already developed surfaces to limit urban sprawl and avoid occupying green space receive points.
• sustainable sites – (10 points) – The landscaping company will have the most control in this area. Points are awarded for use of native.
• water efficiency – (11 points) – May be affected by choices of the plumbing company and the landscaping company. Points are awarded if you limit water use by installing efficient plumbing valves and restrictors, use dual flush or low flow toilets, use drought-tolerant plants in landscaping, install high-performance irrigation systems;

An Integrated Project Delivery (IPD) approach may be the best way to ensure all of the many players that can affect LEED Certification are on the same page.  A management group is appointed to make the day-to-day project decisions.  This group always includes a representative of the owner, architect and general contractor, and sometimes, representatives of key trades or designers.

An IPD agreement should connect project participants horizontally.  Major project participants each have a shared financial stake in mitigating risks that otherwise would be “someone else’s problem”, those team members are more likely to offer help in solving the problem.

Angela Madathil is happy to assist if Contractors, Architects, and Engineers in Nebraska and Kansas need assistance reviewing your Engineering Services Agreement, Construction Agreement, and Integrated Project Delivery Agreement to consider and resolve these issues.

Angela Madathil is a Construction Attorney and provides legal assistance to Contractors, Architects, and Engineers in Iowa, Missouri, Nebraska and Kansas.   This can involve contract review and negotiation, ongoing contract guidance during a project, and risk mitigation when issues arise.  The Goosmann Law Firm team advises Contractors, Architects, and Engineers throughout the Midwest and has attorneys licensed in Iowa, Kansas, Minnesota, Missouri, Nebraska, South Dakota, and other states.