Negotiating LEED Design & Construction Contracts (2.5 CLE, AIA, GBCI units)

  • Wednesday, May 25, 2011
  • 3:00 PM - 6:00 PM
  • Gould & Ratner LLP, 222 N. LaSalle St., 4th Floor Conference Center, Chicago, Illinois 60601
  • 3

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This program is approved for 2.5 CLEs, GBCI CE hours, and AIA CEUs.

Negotiating LEED Design & Construction Contracts is a half-day interactive course providing best practices in contract development for LEED project team members.  By identifying and illustrating examples of current concerns and examining solutions, audience members will not only be aware of the issues in contracts today, but have opportunity to engage in negotiations after understanding successful tools and methods for applying to contracts of LEED New Construction and Existing Buildings projects.

This program is presented in two parts. Part 1 consists of lecture and panel presentations on the latest developments in LEED design and construction contracting and provides attendees with an understanding of industry form contracts, case studies, and the Top Ten risks associated with seeking LEED certification.  Part 2 consists of an interactive mock negotiation of key LEED contract terms allowing attendees to join teams for a mock negotiation of project delivery methods and contract terms. 

After completing this course, attendees will:

  • Explore how standard contracts (AIA, ConsensusDOCS, DBIA, and selected public procurement contracts) approach LEED certification
  • Discuss case studies from LEED projects where disputes arose and how contract negotiations can be used to reduce the risk for such disputes
  • Identify how different project delivery methods impact the LEED project team and the contractual relationships of the team members (project delivery methods include:  Traditional Design-Bid-Build, Construction Management-At Risk, Design-Build, Integrated Project Delivery (as defined by AIA))
  • Identify best practices and strategies for negotiating the Top Ten LEED project risks from the perspective of all integrated team participants:  end-users/owners, architects, contractors, and subcontractors

Who Should Attend?
This course should be attended by all LEED project participants with responsibility for drafting contracts on behalf of themselves, their employers, or their clients.  This includes attorneys and senior management at contracting, architectural, engineering, and LEED service consulting firms.

Presenters
Eric Berg, Law Offices of Eric Berg, P.C.
Will Cordray, LEED AP, Harbour Contractors
Patrick Miller, LEED AP, Baker & Daniels LLP

Rick Prohov, LEED AP, Stone & Johnson, Chtd.
Billy Tindell, AIA, LEED AP, Krohn Studio
Rick Walker, LEED AP, Transwestern

Agenda
3:00 – 3:05  Introduction

3:05 – 4:30  Part 1 – Understanding contracts for LEED services (Panel Discussions – 90 minutes)

  • LEED service contract options and project delivery methods
  • Standard form agreements for LEED services
  • Case Law Update:  Cases involving LEED services
  • Handling the Top Ten LEED Project Risks

4:30 – 4:40  Break

4:40 -- 6:00  Part 2 - Mock Negotiation of LEED Design and Construction Contracts (Negotiation Teams:  Owner, Architect, LEED Consultant, and Contractor)

  • Term No. 1 - Project Delivery Method
  • Term No. 2 - LEED Certification Level (the 'green' standard)
  • Term No. 3 - The Green "Guarantee" (i.e. whether there is a guarantee)
  • Term No. 4 - Liquidated Damages/Bonus/Incentives
  • Project Completion: (Substantial Completion; Final Completion; Final Payment; Building Performance)

5:55 – 6:00  Facilitated Q&A

For more information or questions, please contact Katie or Joan in the USGBC - Illinois Chapter office at 312-245-8300 or jmartin@usgbc-illinois.org.
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Thank you to Gould & Ratner LLP for hosting this program!

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