LEED Specs Referenced in a Contract
I am no stranger to environmental responsibility. However, I've found to date that my energies have been better (environmentally and personally) spent on my own due diligence than learning to negotiate the certification culture. As such, I could use a little primer as to the possible implications of this statement, so that I can request the correct clarifications, and charge appropriately. The project uses reclaimed decorative material, but this is the only specification on the millwork plans that seems to deviate from the norm.
To those of you doing LEED work, what do you do to expressly "comply"? Or is the shop certification process the only way to do a job like this?
From contributor B:
It depends on what is required to comply. Like contributor K said, there should be some front end documents outside of the spec section you are bidding that addresses the LEED requirements. In other words, what certification level they are going for and what credits may apply to you specifically.
It may have to do with MRc4.1, 4.2 (both concern recycled content) EQc4.1, 4.2 and 4.4 (low emissions products), MRc5.1 and 5.2 (both concern regional materials), MRc6 (rapidly renewable materials) and it could require MRc7 (FSC certified materials).
You need to find out which and you need to bid accordingly. "Green" materials cost more and you have more paperwork to do to comply with the specs and to ensure that your firm contributes to the owner's goal of getting the building LEED certified. You may also have to use different adhesives, finishes, etc. to comply with the goals of low emissions sections.
You also need to let the contractor know that you are bidding "green" and to make sure that your competitors are bidding apples to apples. As stated, it could cost you by not doing it. The contractor probably has someone handling the LEED paperwork.
Shop certification is a different thing. To comply with MRc7 (certified wood) there is a chain of custody documentation from the forest to the mill to the distributor to you. If that chain of custody is broken (in other words if someone in the chain is not certified) then the owner won't get credit for the products you provide. If you install, it is my understanding you do not have to be certified.
From the original questioner:
Thanks. As the project stands, we've bid the job according to the plans and architect specs with a fairly detailed bid. The GC accepted the bid and sent the contract. Then, this bombshell appears in the contract. I've requested further details, and haven't signed yet. We'll see what happens.
From contributor K:
I have seen more and more LEED projects on the job boards. Seems like we all better get use to it.
From contributor G:
Treat the LEED requirements as a change order and modify your bid accordingly. Unless you were informed, or were offered the opportunity to be informed about the additional requirements. Don't expect them to like it. The buyer is not allowed to add additional terms not in the original bid and acceptance. You either have a change in the terms of the contract, or you don't have a contract yet, and their acceptance with the LEED requirement can be considered a counter offer. If in doubt, see your attorney.
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Comment from contributor A:
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