Instructions: E234-2019

Submitted by on Wed, 11/13/2019 - 22:08
{"version":"0.3.0","atoms":[],"cards":[],"markups":[["b"],["sup"],["a",["href","https:\/\/\/contract-documents\/24266-guide-for-sustainable-projects"]]],"sections":[[1,"p",[[0,[0],1,"Purpose"]]],[1,"p",[[0,[],0,"AIA\nDocument E234\u2122\u20132019, Sustainable Projects Exhibit, Construction Manager as\nConstructor Edition, addresses the risks, responsibilities and opportunities\nunique to projects involving substantial elements of sustainable design and\nconstruction (sustainable projects) in situations when there is a construction manager\nas constructor as a project participant. AIA Document E234\u20132019 is not a\nstand-alone document, but is intended to be attached as an exhibit to an\nexisting AIA construction manager as constructor agreement on a project that\nincludes a Sustainable Objective. E234\u20132019 is intended to replace the\nSustainable Projects documents included in the Construction Manager as\nConstructor family of AIA Contract Documents."]]],[1,"p",[[0,[],0,"AIA Document E234\u20132019 has been developed for use on\na wide variety of sustainable projects, including those in which the\nSustainable Objective includes obtaining a Sustainability Certification, such\nas LEED"],[0,[1],1,"\u00ae"],[0,[],0," (Leadership in Energy and Environmental Design), or those\nin which the Sustainable Objective is based on incorporation of\nperformance-based sustainable design or construction elements. Furthermore, as\nnew \u201cgreen\u201d codes are developed, the process outlined in the Sustainable\nProjects Exhibit will help Project participants navigate the requirements of\ncode compliance. "]]],[1,"p",[[0,[],0,"AIA Document E234\u20132019 relies on a number of\nprocesses that are unique to sustainable projects. Key among those concepts is\nthe development of a Sustainability Plan through a Sustainability Workshop. E234\u20132019\nrequires the Architect to meet with the Owner and Construction Manager to\ndiscuss the sustainable design features of the Project during a Sustainability\nWorkshop. The ultimate outcome of the Sustainability Workshop is the\ndevelopment of a Sustainability Plan that outlines Sustainable Measures\nnecessary to achieve the Sustainable Objective and allocates responsibility for\neach of the Sustainable Measures to the Project participant in the best\nposition to perform the Sustainable Measure. In addition, the Sustainability\nPlan includes other critical information such as the testing and implementation\nstrategies necessary to achieve the Sustainable Objective. The requirements of\nthe Sustainability Plan, with input from the Construction Manager and with the\nOwner\u2019s approval, will be further developed as the design for the Project progresses\nand will, as appropriate, be incorporated into the Construction Documents."]]],[1,"p",[[0,[],0,"The Sustainability Plan is specifically identified\nas a Contract Document. This is of critical importance to the Construction\nManager. The Construction Manager is responsible for performing those\nSustainable Measures assigned to the Construction Manager by the Sustainability\nPlan. It is important that the Construction Manager review the Sustainability\nPlan and understand its requirements. While E234\u20132019 states that the Construction\nManager does not guarantee achievement of the Sustainable Objective, the Construction\nManager will be responsible for failure to perform in accordance with the\nContract Documents, including the Sustainability Plan."]]],[1,"p",[[0,[0],1,"Related Documents"]]],[1,"p",[[0,[],0,"This\ndocument is intended for use as an exhibit to the AIA Construction Manager as\nConstructor\nfamily of AIA Contract Documents. For a more detailed discussion on the issues\nrelevant to sustainable projects, please consult the "],[0,[2],1,"Guide for Sustainable\nProjects"],[0,[],0,"."]]],[1,"h2",[[0,[0],1,"USING E234\u20132019"]]],[1,"p",[[0,[0],1,"Modifications"]]],[1,"p",[[0,[],0,"Particularly with respect to professional or\ncontractor licensing laws, building codes, taxes, monetary and interest\ncharges, arbitration, indemnification, format and font size, AIA Contract\nDocuments may require modification to comply with state or local laws. Users\nare encouraged to consult an attorney before completing or modifying a\ndocument."]]],[1,"p",[[0,[],0,"Using AIA software, modifications to insert\ninformation and revise the standard AIA text may be made as the software\npermits."]]],[1,"p",[[0,[],0,"By reviewing properly made modifications to a\nstandard AIA Contract Document, parties familiar with that document can quickly\nunderstand the essence of the proposed relationship. Commercial exchanges are\ngreatly simplified and expedited, good faith dealing is encouraged, and\notherwise latent clauses are exposed for scrutiny."]]],[1,"p",[[0,[],0,"AIA Contract Documents may not be retyped or\nelectronically scanned. Retyping can introduce typographic errors and cloud\nlegal interpretation given to a standard clause. Furthermore, retyping and\nelectronic scanning are not permitted under the user\u2019s limited license for use\nof the document, constitute the creation of a derivative work and violate the\nAIA\u2019s copyright."]]],[1,"p",[[0,[0],1,"Cover Page"]]],[1,"p",[[0,[0],1,"Project."],[0,[],0," Describe the Project by\nincluding (1) the official name or title of the facility, and (2) the location\nor address, if known."]]],[1,"p",[[0,[0],1,"Article\n1 General Provisions"]]],[1,"p",[[0,[0],1,"\u00a7\n1.2 Definitions"]]],[1,"p",[[0,[],0,"AIA Document E234\u20132019 includes a number of defined\nterms specific to sustainable projects, including Sustainable Objective,\nSustainable Measure, Sustainability Plan, Sustainability Certification,\nSustainability Documentation and Certifying Authority. These concepts are\nimportant to the process described in the Exhibit, and to the outcome of a\nsustainable project."]]],[1,"p",[[0,[0],1,"\u00a7\n1.4 "],[0,[],0,"AIA Document E234\u20132019 is intended to be\nincorporated into an existing agreement between the parties for design services\nor construction. By completing E234\u20132019 and incorporating it into such an\nagreement, the completed E234\u20132019 becomes binding on the parties. By\nincorporating E234\u20132019 into other agreements used on the Project, all parties\ncan ensure that they are following the same contractual framework and\nobligations with respect to the Sustainable Objective."]]],[1,"p",[[0,[0],1,"Article\n2 Architect"]]],[1,"p",[[0,[0],1,"\u00a7\n2.2 Sustainability Certification Agreements"]]],[1,"p",[[0,[],0,"If the Project includes achievement of a\nSustainability Certification, such as LEED"],[0,[1],1,"\u00ae"],[0,[],0,", the Certifying\nAuthority may require that the person registering the Project consent to a\nnumber of agreements with the Certifying Authority as part of the registration\nand certification processes. E234\u20132019 assumes that the Architect will register\nthe Project on behalf of the Owner. The Architect will provide any agreements\nrequired by the Certifying Authority to the Owner for review; and the Owner\nagrees to execute all documents required by the Certifying Authority to\nestablish the Architect as the agent of the Owner for purposes of certifying\nthe Project."]]],[1,"p",[[0,[0],1,"\u00a7\n2.3 Sustainability Workshop"]]],[1,"p",[[0,[],0,"This section requires that the Architect conduct a\nSustainability Workshop with the Owner, the Construction Manager, and the\nOwner\u2019s, Construction Manager\u2019s, and Architect\u2019s consultants, as requested by\nthe Architect, to establish the Sustainable Objective and discuss potential\nSustainable Measures for the Project. It is important to note that the\nSustainability Workshop could be one meeting or a series of meetings as\nnecessary to clearly establish the sustainability goals for the Project."]]],[1,"p",[[0,[0],1,"\u00a7\n2.4 Sustainability Plan Services"]]],[1,"p",[[0,[0],1,"\u00a7\n2.4.1 "],[0,[],0,"Following the Sustainability Workshop, the Architect\nwill develop a Sustainability Plan that will act as a roadmap that identifies\nand describes: the Sustainable Objective; the Sustainable Measures targeted;\nimplementation strategies selected to achieve the Sustainable Measures; the\nOwner\u2019s, Architect\u2019s and Construction Manager\u2019s roles and responsibilities\nassociated with achieving the Sustainable Measures; the specific details about\ndesign reviews, testing or metrics to verify achievement of each Sustainable\nMeasure; and the Documentation for Certification required for the Project. Once\ncompleted, the Sustainability Plan is submitted to the Owner for approval."]]],[1,"p",[[0,[0],1,"\u00a7\n2.4.2 "],[0,[],0,"The Architect will provide its Sustainability Plan\nServices in concert with its Basic Services as set forth in the owner-architect\nagreement to which E234\u20132019 is incorporated. E234\u20132019 requires the Architect\nto submit the Sustainability Plan as part of its Schematic Design Documents\nsubmission to the Owner."]]],[1,"p",[[0,[0],1,"\u00a7\n2.4.3 "],[0,[],0,"E234\u20132019 requires the Architect to submit an\nupdated Sustainability Plan as part of its Design Development Documents\nsubmission to the Owner and advise the owner of any adjustments made to the\nSustainability Plan."]]],[1,"p",[[0,[0],1,"\u00a7\n2.4.4 "],[0,[],0,"The Sustainability Plan may allocate responsibility\nfor certain Sustainable Measures to the Architect. This provision requires the Architect to perform\nthe Sustainable Measures identified as its responsibility."]]],[1,"p",[[0,[0],1,"\u00a7\n2.4.5 "],[0,[],0,"The Sustainability Plan is an evolving document that\nmay require adjustment as the design and construction of the Project\nprogresses. The Architect is required to revise the Sustainability Plan based\non changes approved by the Owner."]]],[1,"p",[[0,[0],1,"\u00a7\n2.5 Design Phases"]]],[1,"p",[[0,[0],1,"\u00a7\n2.5.1 "],[0,[],0,"The requirements of the Sustainability Plan are\nultimately incorporated into the Schematic Design Documents, Design Development\nDocuments and Construction Documents for the Project, as appropriate. The Sustainability Plan becomes a Contract\nDocument forming, in part, the basis of the Construction Manager\u2019s performance.\nThe Owner, too, may have certain responsibilities under the Sustainability Plan.\nCertain aspects of the Sustainability Plan may not lend themselves to\nincorporation into the Drawing and Specifications, such as an Owner requirement\nto provide energy use information to a Certifying Authority."]]],[1,"p",[[0,[0],1,"\u00a7\n2.5.2 "],[0,[],0,"The Owner\u2019s Sustainable Objective or other Project\nrequirements may necessitate use of untested materials and equipment on the\nProject. The Architect may be unable to confirm a track record of reliability\nfor the materials or equipment. If the materials or equipment fail to perform\nin accordance with the manufacturer\u2019s representations, the Project may fail to\nachieve the Sustainable Objective. It is important that the Architect discuss\nthe proposed use of such materials or equipment with the Owner and inform the\nOwner of any potential impact on the Sustainable Objective that may occur if\nthe product fails to meet the manufacturer\u2019s representations. If the Owner\nchooses to use the product, the language included in this section may limit the\nArchitect\u2019s liability for a failure of the product to perform in accordance\nwith the manufacturer\u2019s representations."]]],[1,"p",[[0,[0],1,"\u00a7\n2.6 Construction Phase"]]],[1,"p",[[0,[0],1,"\u00a7\n2.6.1 "],[0,[],0,"The Architect has a duty to keep the Owner apprised\nof the Project\u2019s progress toward achievement of the Sustainable Measures and\nany defects or deficiencies in the Work that the Architect recognizes will\nimpact achievement of the Sustainable Measures. If such a condition is\nrecognized, the Owner, Architect and Construction Manager are required to meet\nto discuss alternatives to remedy the condition."]]],[1,"p",[[0,[0],1,"\u00a7\n2.6.2 "],[0,[],0,"Because of the significant impact a change could\nhave on achievement of the Sustainable Measures or the Sustainable Objective,\nthe Architect is required to notify the Owner of proposed changes that will\nmaterially affect achievement of a Sustainable Measure or the Sustainable\nObjective. The Owner may then authorize the Architect to further investigate\nthe change and provide recommendations regarding the proposed change."]]],[1,"p",[[0,[0],1,"\u00a7\n2.6.3 "],[0,[],0,"Under Article 3, the Construction Manager is\nrequired to provide a representation with any substitution request describing\nhow the substitution may affect achievement of a Sustainable Measure. In order\nto make this representation, the Construction Manager may request additional\ninformation from the Architect describing how the product, material or\nequipment was intended to satisfy the requirements of a Sustainable Measure or\nthe Sustainable Objective. This section requires the Architect to provide this\ninformation to the Construction Manager."]]],[1,"p",[[0,[0],1,"\u00a7\n2.7 Project Registration and Submissions of Sustainability Documentation to the\nCertifying Authority"]]],[1,"p",[[0,[0],1,"\u00a7\n2.7.1 "],[0,[],0,"Section 2.7 sets forth specific services the\nArchitect will perform if the Sustainable Objective or Sustainable Measures\nrequire achievement of a Sustainability Certification. The Architect will\nregister the Project; collect the Sustainability Documentation and submit the\nSustainability Documentation to the Certifying Authority; and prepare and\nsubmit the application for certification to the Certifying Authority. It is\nimportant to note that each of these services is performed as an agent for the\nOwner. An agency relationship creates certain legal rights that may differ\nbased on the jurisdiction where the Project is located. Users are urged to\nconsult with an attorney regarding the specific legal implications of this\nrelationship."]]],[1,"p",[[0,[0],1,"\u00a7\n2.7.2 "],[0,[],0,"The Architect is required to register the Project\nwith the Certifying Authority. Acting as the Project registrant can have\nramifications which are explored in greater detail in AIA Document D503, Guide for\nSustainable Projects, which can be downloaded free of charge at"]]],[1,"p",[[0,[0],1,"\u00a7\n2.7.3 "],[0,[],0,"The Architect is required to collect Sustainability\nDocumentation from the party responsible for producing it in accordance with\nthe Sustainability Plan, and submit the Sustainability Documentation to the\nCertifying Authority. Submissions beyond the limitations set forth in Section\n2.9.2 will be compensated as Additional Services."]]],[1,"p",[[0,[0],1,"\u00a7\n2.7.4 "],[0,[],0,"Section 2.7.4 addresses the appeal of credit or\npoint rulings under the various Sustainability Certifications. Provided the\nArchitect has received timely notice of denial of a credit or point necessary\nto achieve the Sustainability Certification, the Architect will prepare and\nfile the appeal of the credit or point ruling to the Certifying Authority.\nAppeals to the Certifying Authority are performed as part of the Architect\u2019s\nBasic Services subject to a limitation on the number of appeals under Section\n2.9.2. Any appeals in excess of the number set in section 2.9.2 will be\ncompensated as an Additional Service. In addition, it should be noted that the\nArchitect\u2019s obligation under Section 2.7.4 does not extend to prosecuting\nappeals to the Certifying Authority, or taking any other actions determined by\nthe Owner to be necessary or desirable, arising from the revocation or\nreduction of an awarded Sustainability Certification."]]],[1,"p",[[0,[0],1,"\u00a7\n2.7.5 "],[0,[],0,"The Architect is required to prepare and submit the\napplication for certification to the Certifying Authority. This activity can\nhave ramifications that are explored in greater detail in AIA Document D503,\nGuide for Sustainable Projects, which can be downloaded free of charge at\"]]],[1,"p",[[0,[0],1,"\u00a7\n2.7.6 "],[0,[],0,"The Architect is required to prepare responses and\nsubmit additional documentation required by comments or questions received from\nthe Certifying Authority, subject to the limitations set forth in\nSection 2.9.2."]]],[1,"p",[[0,[0],1,"\u00a7\n2.7.7 "],[0,[],0,"This provision makes clear that any certification,\ndeclaration or affirmation the Architect makes to the Certifying Authority does\nnot create a warranty or guarantee to the Owner or the Construction Manager."]]],[1,"p",[[0,[0],1,"\u00a7\n2.8 Copyrights and Licenses"]]],[1,"p",[[0,[0],1,"\u00a7\n2.8.1 "],[0,[],0,"For sustainable projects where a Sustainability\nCertification is sought, the Owner may be required to submit certain of the\nArchitect\u2019s Instruments of Service to the Certifying Authority in order to\ncomply with the documentation requirements. The Owner\u2019s license to use the\nArchitect\u2019s Instruments of Service therefore must be expanded to included\ntransmission of the Architect\u2019s Instruments of Service to the Certifying\nAuthority to comply with the requirements of the Certifying Authority. In\naddition, the Architect grants to the Owner a license to allow the Certifying\nAuthority to publish the Architect\u2019s Instruments of Service as required by the\nCertifying Authority."]]],[1,"p",[[0,[0],1,"\u00a7\n2.8.2 "],[0,[],0,"This section recognizes that the Owner may submit\nthe Architect\u2019s Instruments of Service to the Certifying Authority without\nviolating the Architect\u2019s reserved rights to the Instruments of Service."]]],[1,"p",[[0,[0],1,"\u00a7\n2.9 Additional Services"]]],[1,"p",[[0,[0],1,"\u00a7\n2.9.1 "],[0,[],0,"In addition to the possible Additional Services\nlisted in the Owner-Architect Agreement, E234\u20132019 identifies two more\npotential Additional Services that may arise during the course of the Project\nwith a Sustainable Objective. Section adds changing or editing\npreviously prepared Instruments of Service, including the Sustainability Plan,\nnecessitated by changes in the requirements to achieve the Sustainability\nCertification for the Project. Section adds assisting the Owner or Construction\nManager with the preparation of the Sustainability Documentation for which the\nOwner or Construction Manager are responsible under the Sustainability Plan."]]],[1,"p",[[0,[0],1,"\u00a7\n2.9.2 "],[0,[],0,"Section 2.9.2 allows the Architect to place a limit\non certain tasks that are performed pursuant to E234\u20132019. Those tasks include\nrevisions to the Sustainability Plan; meetings during the Design and Construction\nPhase to define, develop, and incorporate the Sustainable Measures; submittals\nto the Certifying Authority; responses to the Certifying Authority\u2019s comments\nand questions; appeals to the Certifying Authority; and meetings with the Owner\nand Construction Manager to discuss remedial options regarding achievement of\nSustainable Measures or the Sustainable Objective."]]],[1,"p",[[0,[0],1,"Article\n3 Construction Manager"]]],[1,"p",[[0,[0],1,"\u00a7\n3.1 "],[0,[],0,"The success of sustainable projects depends on each\nparty performing the Sustainable Measures assigned to that party in the\nSustainability Plan. This section requires the Construction Manager to perform\nthose Sustainable Measures identified as the responsibility of the Construction\nManager in the Sustainability Plan."]]],[1,"p",[[0,[0],1,"\u00a7\n3.2 Preconstruction Phase"]]],[1,"p",[[0,[],0,"\u00a7 3.2.1 The\nConstruction Manager provides a preliminary evaluation of the Owner\u2019s\nanticipated Sustainable Objective."]]],[1,"p",[[0,[],0,"\u00a7 3.2.2 "],[0,[0],1,"Sustainability Workshop"]]],[1,"p",[[0,[],0,"The\nConstruction Manager is required to attend the Sustainability Workshop and\nprovide recommendations on the items to be considered. "]]],[1,"p",[[0,[],0,"\u00a7 3.2.3"],[0,[0],1," "],[0,[],0,"Sustainability"],[0,[0],1," "],[0,[],0,"Documentation"]]],[1,"p",[[0,[],0,"The\nConstruction Manager is required to prepare, and submit to the Architect, the\nSustainability Documentation required from the Construction Manager by the\nSustainability Plan. "]]],[1,"p",[[0,[],0,"\u00a7 3.2.4"],[0,[0],0," "],[0,[],1,"Consultation"]]],[1,"p",[[0,[],0,"\u00a7"],[0,[0],1," "],[0,[],0,"As part of the\nConstruction Manager\u2019s consultation services in accordance with the\nOwner-Construction Manager as Constructor Agreement, the Construction Manager\ndiscusses the requirements of the Sustainability Plan with the Owner and\nArchitect and provides recommendations consistent with the Sustainability Plan."]]],[1,"p",[[0,[],0,"\u00a7"],[0,[0],1," "],[0,[],0,"The Construction Manager\nincludes items that could affect timely achievement of the Sustainable\nObjective, and specific milestone dates related to the requirements of the\nSustainability Plan, in the Project schedule."]]],[1,"p",[[0,[],0,"\u00a7 3.2.5 "],[0,[0],1,"Cost Estimates"]]],[1,"p",[[0,[],0,"\u00a7 The Construction\nManager includes the anticipated Sustainable Objective in the preliminary\nestimates of the Cost of the Work."]]],[1,"p",[[0,[],0,"\u00a7 In its updates of the\nCost of the Work, the Construction Manager allows for the further development\nof Sustainability Plan."]]],[1,"p",[[0,[],0,"\u00a7 3.2.6 "],[0,[0],1,"Extent of Responsibility"]]],[1,"p",[[0,[],0,"This\nsection provides that the Construction Manager is not required to ascertain\nthat the Sustainability Plan is in accordance with applicable laws, statutes,\nordinances, codes, rules and regulations, lawful orders of public authorities,\nor requirements of the Certifying Authority, but the Construction Manager must\npromptly report to the Architect and Owner any nonconformity discovered by or\nmade known to the Construction Manager."]]],[1,"p",[[0,[],0,"\u00a7 3.2.7 Guaranteed Maximum Price Proposal or\nControl Estimate"]]],[1,"p",[[0,[0],1,"\u00a7 "],[0,[],0,"The Construction Manager\nis required to provide for anticipated further development of the\nSustainability Plan and Contract Documents in the Guaranteed Maximum Price or\nControl Estimate."]]],[1,"p",[[0,[0],1,"\u00a7 3.3 Construction Phase"]]],[1,"p",[[0,[],0,"\u00a7 3.3.1 The\nConstruction Manager is required to record the progress toward achievement of\nthe Sustainable Objective, and include this information in its written progress\nreports."]]],[1,"p",[[0,[0],1,"\u00a7\n3.3.2 "],[0,[],0,"If the Owner or Architect recognizes a condition\nthat might affect achievement of the Sustainable Objective, the Construction\nManager is required to participate in meetings with the Owner and Architect to\ndiscuss alternatives to correct the condition. It also places a responsibility\non the Construction manager to report such conditions that are discovered or\nmade known to the Construction Manager."]]],[1,"p",[[0,[0],1,"\u00a7\n3.3.3 "],[0,[],0,"Because substitutions can potentially affect\nachievement of a Sustainable Measure or the Sustainable Objective, this section\ncreates a process through which such effects can be identified. The Construction\nManager is required to include, with a substitution request, a written\nrepresentation identifying any potential effect the substitution may have on\nachievement of a Sustainable Measure or the Sustainable Objective. The Construction\nManager may request that the Architect provide information describing how the\nproduct, material or equipment for which a substitution is proposed was\nintended to satisfy the requirements of a Sustainable Measure or contribute\ntoward achievement of the Sustainable Objective."]]],[1,"p",[[0,[0],1,"\u00a7\n3.3.5 "],[0,[],0,"The Owner\u2019s Sustainable Objective or other Project\nrequirements may necessitate use of untested materials and equipment on the\nProject. The Construction Manager\u2019s design professionals may be unable to\nconfirm a track record of reliability for the materials or equipment. If the\nmaterials or equipment fail to perform in accordance with the manufacturer\u2019s\nrepresentations, the Project may fail to achieve the Sustainable Objective. It\nis important that the Construction Manager discuss untested products proposed\nby its design professionals with the Owner and Architect and inform the Owner\nand Architect of any potential impact on the Sustainable Objective that may\noccur if the product fails to meet the manufacturer\u2019s representations. If,\nafter discussion with the Construction Manager about the potential impacts on\nthe Sustainable Objective, the Owner chooses to use the product, the language\nin this section may limit the Construction Manager\u2019s and Architect\u2019s liability\nfor a failure of the product to perform in accordance with the manufacturer\u2019s\nrepresentations."]]],[1,"p",[[0,[0],1,"\u00a7\n3.3.7 "],[0,[],0,"Because of the importance of construction waste\nmanagement on a sustainable project, this section requires the Construction\nManager to prepare a construction waste management and disposal plan that sets\nforth the procedures and processes for salvaging, recycling or disposing of\nconstruction waste generated from the Project."]]],[1,"p",[[0,[0],1,"\u00a7\n3.3.8 Substantial Completion"]]],[1,"p",[[0,[],0,"This section states the important distinction\nbetween Substantial Completion and achievement of the Sustainable Objective,\nparticularly if the Sustainable Objective is tied to a Sustainability\nCertification, by noting that Substantial Completion is not conditioned on\nverification of, or actual achievement of, the Sustainable Objective. This\nlanguage does not relieve the Construction Manager of its obligation to correct\ndefective Work; particularly defective Work that might be an impediment to\nachieving the Sustainable Objective."]]],[1,"p",[[0,[0],1,"\u00a7\n3.3.9 Final Completion"]]],[1,"p",[[0,[],0,"This section states that the Construction Manager\nmust provide all Sustainability Documentation required from the Construction\nManager by the Contract Documents to the Architect before final payment or\nfinal release of retainage may occur. It also clarifies that verification of,\nor actual achievement of, the Sustainable Objective is not a condition\nprecedent to issuance of a final Certificate for Payment. This language does\nnot relieve the Construction Manager of its obligation to correct defective\nWork, particularly defective Work that might be an impediment to achieving the\nSustainable Objective."]]],[1,"p",[[0,[0],1,"Article\n4 Owner"]]],[1,"p",[[0,[0],1,"\u00a7\n4.1 "],[0,[],0,"The success of sustainable projects depends on each\nparty performing those tasks assigned to the party in accordance with the\nSustainability Plan. Section 4.1 places an obligation on the Owner to perform\nthose Sustainable Measures identified as the obligation of the Owner in the\nSustainability Plan."]]],[1,"p",[[0,[0],1,"\u00a7\n4.2 "],[0,[],0,"Sustainable projects may require additional\ninformation about the Project site or existing construction. Section 4.2\nrequires the Owner to provide relevant and necessary information upon the\nArchitect\u2019s or Construction Manager\u2019s request."]]],[1,"p",[[0,[0],1,"\u00a7\n4.3 "],[0,[],0,"Because the various Sustainability Certifications\nmay place requirements specifically on the Owner in addition to those related\nto the design and construction of the Project, such as the requirement to\nprovide utility bills, this section states that the Owner will comply with the\nrequirements of the Certifying Authority before and after construction."]]],[1,"p",[[0,[0],1,"\u00a7\n4.4 "],[0,[],0,"Section 4.4 obligates the Owner to pursue any\nappeals or other actions with the Certifying Authority necessitated by the\nrevocation or reduction of a Sustainability Certification."]]],[1,"p",[[0,[0],1,"\u00a7\n4.5 "],[0,[],0,"Commissioning is an important aspect of sustainable\ndesign and construction. E234\u20132019 assumes that the Owner will provide a\ncommissioning agent for the Project."]]],[1,"p",[[0,[0],1,"Article\n5 Claims and Disputes"]]],[1,"p",[[0,[],0,"Because new types of consequential damages may be\nclaimed on sustainable projects, this section specifically waives any\nconsequential damages resulting from the failure of the Project to achieve the\nSustainable Objective. "]]],[1,"p",[[0,[0],1,"Article\n6 Miscellaneous Provisions"]]],[1,"p",[[0,[0],1,"\u00a7 6.1 "],[0,[],0,"This section clarifies that the Architect and Construction\nManager cannot guarantee or warrant that the Project will achieve the\nSustainable Objective. This language reinforces the notion that the success of\na sustainable project is dependent on the work of all participants and cannot be\nguaranteed by any one party."]]]]}
Instruction for AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, addresses the risks, responsibilities and opportunities unique to projects involving substantial elements of sustainable design and construction (sustainable projects) in situations when there is a construction manager as constructor as a project participant.
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Instructions: E234-2019