Building Chicago -Fall/Winter 2012 - (Page 5)
A Bag of Mixed Greens
New AIA Sustainable Projects Documents when compared with ConsensusDocs 310 - Green Building Addendum
By Logan Hollobaugh Ogletree, Deakins, Nash, Smoak & Stewart PC
ost construction industry participants are familiar with the standard contracts issued by the American Institute of Architects (the “AIA”). Until recently, the AIA had not updated its standard form agreements with respect to sustainable projects. After much anticipation, in May 2012, the AIA released the following five new documents for use on sustainable projects: • A101-2007 SP, Standard Form of Agreement Between Owner and Contractor; • A201-2007 SP, General Conditions of the Contract for Construction; • A401-2007 SP, Standard Form of Agreement Between Contractor and Subcontractor; • B101-2007 SP, Standard Form of Agreement Between Owner and Architect; and • C401-2007 SP, Standard Form of Agreement Between Architect and Consultant. Each of the new contracts updates the AIA’s corresponding document concerning traditional (i.e. nonsustainable projects) by including provisions related to sustainable risks
and responsibilities. While the majority of the standard AIA documents received only minor revisions, A2012007 SP, General Conditions of the Contract for Construction (“A201-SP”) received several signiﬁcant and important revisions. This article highlights certain noteworthy additions to A201-SP which relate to contractors and compares each addition with related provisions in the AGC of Americaendorsed ConsensusDocs 310 – Green Building Addendum.
New Definitions: Sustainable Objective, Sustainable Measures, and the Sustainability Plan
The revised A201-SP includes a number of new deﬁnitions of which contractors should be aware, most of which are variations to the deﬁnitions used in the Green Building Addendum. Several important deﬁnitions stem from Section 3.1.2 of A201-SP, which provides that contractors are required to “perform the Work in accordance with the Contract Documents, including any Sustainable Measures identiﬁed as the responsibility of the Contractor in the Sustainability Plan.” A201-SP deﬁnes “Sustainable Measure,” similar to a “Green Measure” in the Green Building Addendum, as “a design or construction element that must be completed to achieve the Sustainable Objective.” The “Sustainable Objective” is the Owner’s “goal” to achieve certiﬁcation of the project or beneﬁt the environment, similar to the “Elected Green Status” in the Green Building
Addendum. The “Sustainability Plan” identiﬁes the parties’ roles and responsibilities associated with achieving Sustainable Measures and the Sustainable Objective. Because the Sustainability Plan is the roadmap for LEED credits and responsibilities, it is imperative that contractors obtain a copy of the Sustainability Plan, ascertain the Sustainable Measures for which they are responsible, and include a copy of the Sustainability Plan in subcontracts as part of a ﬂow down provision to ensure that subcontractors share the obligations for Sustainable Measures within their scope of work. Notably, A201-SP was not revised to include a deﬁnition analogous to the “Green Building Facilitator” (“GBF”) (or a similar team member) found in the Green Building Addendum. The ConsensusDocs have been criticized for their addition of the GBF to the project team. And understandably so, the Green Building Addendum adds a critical team member to the project team but fails to provide critical information, such as whether the GBF will be compensated and by whom. Moreover, the Green Building Addendum makes the GBF solely liable for failure to achieve the desired certiﬁcation.
Increased Documentation Requirements
The revised A201-SP also increases the preexisting documentation requirements for contractors. In general, “Sustainable Documentation” means the documents necessary to Building Chicago Fall/Winter 2012 • 5
Table of Contents for the Digital Edition of Building Chicago -Fall/Winter 2012
A Message from the Builders Association President
A Bag of Mixed Greens
I’m Covered by Insurance when the Roof Leaks, Right?
A Method to No Madness
Index of Advertisers
Building Chicago -Fall/Winter 2012