The AIA E204-2017 Sustainable Projects Exhibit – Defining Roles and Responsibilities

{"version":"0.3.0","atoms":[],"cards":[],"markups":[["b"],["a",["href","http:\/\/www.jlhlawoffice.com\/"]],["i"]],"sections":[[1,"p",[[0,[],0,"August 16, 2022"]]],[1,"p",[[0,[],0,"The AIA E204-2017 Sustainable\nProjects Exhibit was developed to incorporate seamlessly into the various\nagreements offered by AIA Contract Documents, where the owner has targeted\nsustainable design objectives for the project. The Exhibit sets forth obligations\nfor the Architect, Contractor, and Owner related to the Sustainable Objective\nfor the project, based on Sustainable Measures as fully outlined in a\nSustainability Plan, no matter the structure of the underlying agreement. For\nowners, architects, and contractors alike, the AIA E204-2017 Exhibit provides a\nreliable and approachable method for incorporating sustainable design into\ncontract documents so that they are not overlooked or lost in translation. Each\nmember of the team bears responsibility for completing the Sustainable Measures\nassigned to it in the Sustainability Plan and thereby contributing to\nachievement of the Sustainable Objective. Below is a summary of the main areas\nof responsibility for each party."]]],[1,"p",[[0,[0],1,"The Architect."]]],[1,"p",[[0,[],0,"The Architect is expected to take\nthe lead on developing the design of the project, and that includes\nsustainability aspects. The Architect\u2019s Scope of Sustainability Services set\nforth in the E204. Performance of those services is based on the Owner\u2019s\nInitial Information. The Architect coordinates the Sustainability Certification\nprocess(es) and agreements required for the project."]]],[1,"p",[[0,[],0,"The Architect is expected to hold a\nworkshop (or if needed, a series of meetings) to focus the various parties\ninvolved in the project on the Sustainable Objective and examine strategies for\nimplementation of the Sustainable Measures. Following the workshop, the\nArchitect develops the Sustainability Plan for review and approval by the\nOwner. During the design phases, the Architect consistently coordinates with\nthe project team to determine any issues that may affect the Sustainable\nObjective, cost, and schedule of the project. Likewise, during construction,\nthe architect provides construction observation and coordination to help\nidentify any issues affecting the Sustainable Objective. The architect also\ndirects any registrations and submissions for the project to Certifying\nAuthorities."]]],[1,"p",[[0,[0],1,"The Contractor."]]],[1,"p",[[0,[],0,"The Contractor has primary\nresponsibility for performance of the Sustainability Measures assigned to it in\nthe Sustainability Plan. The Contractor must identify, coordinate and seek\napproval for alternatives and substitutions that may affect the Sustainable\nOutcomes. Along the way, the Contractor documents the performance of the\nSustainability Measures and communicates discrepancies and issues back to the\nArchitect and Owner. Construction waste management is also under the\npurview of the Contractor, who is best positioned to control waste. This starts\nideally in the design phase, if the contractor has been identified, where they\nmay identify issues with availability of certain materials, provide quantity\ntakeoffs, projected lead-times, and a plan for waste management and disposal in\ncollaboration with the Owner and Architect, and as required by the contract\ndocuments. "]]],[1,"p",[[0,[0],1,"The Owner."]]],[1,"p",[[0,[],0,"The Owner as the driver of the\nproject sets the goals for the project and approves the Sustainability Plan,\nproviding all relevant information related to the Sustainable Objective\nrequested by the Architect and the Contractor. The owner agrees to comply with\nthe requirements of any Certifying Authorities reviewing the project for\ncertification that relate to the ownership, operation and maintenance of the\nproject during and after completion, and takes care of pursuing any appeals\nthat must be made to the Certifying Authority related to revocation or\nreduction of an awarded Sustainability Certification."]]],[1,"p",[[0,[],0,"The Owner also procures the\nservices of a commissioning agent or engages the Architect to commission the\nproject. Building commissioning is a desirable path for the verification of the\nperformance of Sustainable Objectives. It\nis the process of measuring and ensuring that a building performs in accordance\nwith the design intent, contract documents, and operations."]]],[1,"p",[[0,[0],1,"A highly flexible tool."]]],[1,"p",[[0,[],0,"The responsibilities outlined above\nwill naturally be tailored to the specific project. Fortunately, the\nclear structure and opportunity to fully define each party\u2019s obligations\nprovided by the AIA E204-2017 Sustainable Projects Exhibit allows for unlimited\npossibilities for customization. No matter the project or the underlying\nagreement, this powerful tool will help to clarify the obligations of the\nparties, which in turn will reduce the risks of ambiguity and misunderstanding\nthat can lead to claims. "]]],[1,"p",[[0,[],0,"Jessyca Henderson is an attorney and architect based\nin Maryland, providing legal services related to sustainable design, building\nscience, and environment. "],[0,[1],1,"www.jlhlawoffice.com"]]],[1,"p",[[0,[2],1,"AIA Contract Documents has provided this article for\ngeneral informational purposes only. The information provided is not legal\nopinion or legal advice and does not create an attorney-client relationship of\nany kind. This article is also not intended to provide guidance as to how\nproject parties should interpret their specific contracts or resolve contract\ndisputes, as those decisions will need to be made in consultation with legal\ncounsel, insurance counsel, and other professionals, and based upon a multitude\nof factors. "]]]]}