Our clients are often times frustrated at the lack of clear delegation and responsibility on GREEN building projects, such as those pursuing Leadership in Energy and Environmental Design (LEED) designation. While LEED projects mandate an integrated process and seek input from all parties, there is very little guidance as to each party’s obligations. To avoid this confusion, we recommend contractors take some preliminary steps to clarify their duties and responsibilities under the contract.

Meet Before Signing

We recommend that contractors meet with all parties before signing the contract to discuss and identify LEED related goals and expectations. This discussion should include the level of certification anticipated, the party responsible for requesting certification, and the consequences of not achieving that certification.

Incorporate Understanding into Contract

Once the parties have discussed expectations, the expectations should be incorporated into the contract. This is more than simply copying a LEED provision from an AIA contract, but specifically sets forth the parties’ obligations under the contract.

Get Legal Help

Contractors are also well advised to retain legal counsel at both the drafting stage and once it appears that the project is not going according to plan. As the old adage goes, an ounce of prevention is worth a pound of cure. Let’s deal with the situations when they are at their infancy, instead of letting them fester and become big problem, which are much more expensive to resolve.

If you’d like to discuss Green buildling contracts, join us for our Lunch and Learn on Friday, September 16, at 11:00 a.m.  Give me a call at (402) 397-7300, or e-mail me at cmartin@ldmlaw.com, to reserve your spot.