The AIA simplified contracting to achieve sustainable goals by releasing E204-2017, Sustainable Projects Exhibit, on April 27, 2017. Good for owners, architects, and contractors!
The AIA's NEW Sustainable Projects Exhibit, E204-2017
1.
2. E204-2017, Sustainable Projects Exhibit
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On April 27, 2017, the AIA simplified the process of
contracting to achieve sustainable goals by releasing
E204-2017, the Sustainable Projects Exhibit
Good for Owners, Architects, and Contractors who target
Sustainable Objectives
3. Why Does the E204-2017 Matter?
The AIA’s 2017 Contract Documents require the Owner and
Architect to complete the E204-2017 Sustainable Projects
Exhibit, and to incorporate it into all project contracts in
any way related to the Sustainable Objective.
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6. Sustainable Objective Examples
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Rating System Metrics
– LEED, Green Globes, Energy Star, or other rating systems
Performance-Based Metrics
– Reduced energy or water consumption
– Use of sustainable materials
Governmental Initiatives
– Green building codes
7. What is Sustainable?
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The E204-2017 intentionally does not define the
term “Sustainable”
This provides flexibility – each project can target its own
sustainable goals
8. Who Benefits from the E204-2017?
Owners
– Increased chance of actually achieving their Sustainable Objective
– Earlier and more accurate understanding of costs involved
Architects and Contractors
– Clearer process for targeting the Sustainable Objective
– Better ability to define roles and responsibilities
– Clearer picture of fees, costs, and effort required
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9.
10. The Solution
The E204-2017 Sustainable Projects Exhibit creates a clear
process to target the Sustainable Objective – with a
thoughtful allocation of risks and responsibilities.
For example, achieving the Sustainable Objective is not
unfairly made a condition precedent to the achievement of
Substantial Completion.
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11. The Innovation
The concepts in the E204-2017 are not new.
They follow AIA Document D503-2011, the Guide for Sustainable
Projects, and the (little-used) series of complete “Sustainable Project”
Contract Documents the AIA issued in 2013.
The 2017 innovation is placing these Sustainable Project concepts in a
single exhibit to be attached to numerous project contracts. This
approach was tried, successfully, by the 2014 Design-Build agreements.
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12. The Process Starts with the Owner and Architect
Any Sustainable Objective for the
project is identified in the
Owner-Architect Agreement.
The Owner and Architect agree
to incorporate the E204-2017
Sustainable Project Exhibit in the
relevant downstream contracts.
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13. B101-2017 Owner-Architect Agreement provides
§ 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner
and Architect shall complete and incorporate AIA Document E204–
2017, Sustainable Projects Exhibit, into this Agreement to define the
terms, conditions and services related to the Owner’s Sustainable
Objective. If E204–2017 is incorporated into this agreement, the
Owner and Architect shall incorporate the completed E204–2017 into
the agreements with the consultants and contractors performing
services or Work in any way associated with the Sustainable Objective.
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14. The Architect’s Major Role Under E204-2017
Under the E204-2017, the Architect leads a Sustainability Workshop
with the Owner, as soon as practicable, to identify the Sustainable
Measures necessary to achieve the Sustainable Objective.
Following the Sustainability Workshop, the Architect prepares a
Sustainability Plan for the Owner’s approval.
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15. E204-2017, Sustainable Projects Exhibit provides
§ 2.3 Sustainability Workshop As soon as practicable, but not later than the conclusion of
the Schematic Design Phase Services, the Architect shall conduct a Sustainability Workshop
with the Owner, the Owner’s consultants, and the Architect’s consultants, during which the
participants will: review and discuss potential Sustainability Certifications; establish the
Sustainable Objective; discuss potential Sustainable Measures to be targeted; examine
strategies for implementation of the Sustainable Measures; and discuss the potential impact
of the Sustainable Measures on the Project schedule and the Owner’s program, and the
Owner’s budget for the Cost of Work.
§ 2.4 Sustainability Plan Services
§ 2.4.1 Following the Sustainability Workshop, the Architect shall prepare a Sustainability
Plan based on the Sustainable Objective and targeted Sustainable Measures.
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16. Common Features of Sustainability Plans
No two Sustainability Plans will be alike.
They are generally prepared as a matrix that identifies:
A list of the project’s Sustainable Measures, perhaps a dozen or so.
Point or credit requirements established by the Certifying Authority (including
the total points available, those targeted, and those rejected or contingent).
The party primarily responsible for each Sustainable Measure, and which of the
other parties are expected to provide support for that Sustainable Measure.
A description of Sustainable Measures, including (1) implementation strategies
and (2) specific details about design reviews, testing, or metrics to verify its
achievement, and the Sustainability Documentation required.
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17. Contractually Binding the Contractors
The E204-2017, Sustainable Projects Exhibit, and the Sustainability
Plan, are both Contract Documents.
Both are incorporated into the Owner-Contractor Agreement and
the contracts of all other downstream project participants who may
play a role in seeking the Sustainable Objective.
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18. A101-2017 Owner-Contractor Agreement provides
ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS
§ 9.1 This Agreement is comprised of the following documents:
…
.8 Other Exhibits:
[X] AIA Document E204™–2017, Sustainable Projects Exhibit,
dated as indicated below:
The Sustainability Plan:
Title Date Pages
_____________ __________________ ___________
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19. Key Definitions from the E204-2017
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§ 1.2.1 Sustainable Objective
The Sustainable Objective is the Owner’s goal of incorporating
Sustainable Measures into the design, construction, maintenance and
operations of the Project to achieve a Sustainability Certification or
other benefit to the environment, to enhance the health and well-
being of building occupants, or to improve energy efficiency. The
Sustainable Objective is identified in the Sustainability Plan.
20. Key Definitions from the E204-2017
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§ 1.2.2 Sustainable Measure
A Sustainable Measure is a specific design or construction element, or
post occupancy use, operation, maintenance or monitoring
requirement that must be completed in order to achieve the
Sustainable Objective. The Owner, Architect and Contractor shall each
have responsibility for the Sustainable Measure(s) allocated to them in
the Sustainability Plan.
21. Key Definitions from the E204-2017
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§ 1.2.3 Sustainability Plan
The Sustainability Plan is a Contract Document that identifies and
describes: the Sustainable Objective; the targeted Sustainable
Measures; implementation strategies selected to achieve the
Sustainable Measures; the Owner’s, Architect’s and Contractor’s roles
and responsibilities associated with achieving the Sustainable
Measures; the specific details about design reviews, testing or metrics
to verify achievement of each Sustainable Measure; and the
Sustainability Documentation required for the Project.
22. Key Definitions from the E204-2017
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§ 1.2.4 Sustainability Certification
The Sustainability Certification is the initial third-party certification of
sustainable design, construction, or environmental or energy
performance, such as LEED®, Green Globes™, Energy Star or another
rating or certification system, that may be designated as the
Sustainable Objective or part of the Sustainable Objective for the
Project. The term Sustainability Certification shall not apply to any
recertification or certification occurring subsequent to the initial
certification.
23. Key Definitions from the E204-2017
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§ 1.2.5 Sustainability Documentation
The Sustainability Documentation includes all documentation related
to the Sustainable Objective or to a specific Sustainable Measure that
the Owner, Architect or Contractor is required to prepare in accordance
with the Contract Documents. Responsibility for preparation of specific
portions of the Sustainability Documentation will be allocated among
the Owner, Architect and Contractor in the Sustainability Plan and may
include documentation required by the Certifying Authority.
24. Key Definitions from the E204-2017
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§ 1.2.6 Certifying Authority
The Certifying Authority is the entity that establishes criteria for
achievement of a Sustainability Certification and is authorized to grant
or deny a Sustainability Certification.
25. E204-2017: Scope of Architect’s Sustainability Services
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Conduct Sustainability Workshop
Prepare Sustainability Plan for Owner Approval
Incorporate E204-2017 Into Subconsultant Agreements
Provide the Sustainability Services required of Architect
Design to the Sustainable Measures from the Sustainability Plan
Perform site observations during construction of Work
Register the project with the Certifying Authority (if applicable)
Prepare and submit application to Certifying Authority (if applicable)
26. E204-2017: Scope of Contractor’s Sustainable Work
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Incorporate E204-2017, Sustainability Plan into project agreements
Perform the Sustainable Measures required of Contractor
Consider alternatives with Owner and Architect if obstacles arise
Consider possible effect of substitutions on Sustainability Plan
Prepare the Sustainability Documentation required of Contractor
Prepare construction waste management program for approval
27. E204-2017: Owner’s Obligations
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Select Sustainable Objective
Approve Sustainability Plan
Incorporate E204-2017, Sustainability Plan into project agreements
Perform the Sustainable Measures required of Owner
Comply with Certifying Authority requirements in operation and maintenance
Preparing, filing, prosecuting any appeals to the Certifying Authority
Provide services of commissioning agent
28. E204-2017: Sustainable Project Document
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AIA Document E204-2017 simplifies the process of
contracting to achieve Sustainable Objectives
Good for Owners, Architects, and Contractors
29. For More Information Contact:
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Jeremy S. Baker
Partner, Construction Law Group
Schiff Hardin LLP
233 South Wacker Dr., Suite 6600
Chicago, Illinois 60606
(312) 258-5506
jbaker@schiffhardin.com
www.schiffhardin.com
Let’s connect!
Twitter: @builderlawyer
www.linkedin.com/in/jeremysbaker
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Attorney Responsible for Content: Jeremy S. Baker
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