We are pursuing both EAp2 and EAc3 for our v2009 C&S project. Our developer would like to nominate one of their employees as the project independent CxA; it meets the criteria, "Owner employee or staff" in Table 2 in page 221 of the BD+C Guidebook.
However, it does not allow "disinterested employee or subcontractor of general contractor or construction manager" to be project CxA"; whilst the general contractor is the subsidiary company of our owner's company. Is it still acceptable to nominate owner employee as independent CxA in this case?
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Scott Bowman
LEED FellowIntegrated Design + Energy Advisors, LLC
LEEDuser Expert
519 thumbs up
October 25, 2014 - 10:52 pm
First, anyone that is nominated must have the required experience that makes them competent to be the CxA. Second, in the case you are describing, they would not be independent, since they work for the developer, but as you point out, the owner can always do both the fundamental and enhanced commissioning.
Unless I do not understand the relationship, the CxA is an employee of the developer, who is the owner. The contractor is a subsidiary of the developer, working for the owner. As long as they are qualified, then this should be acceptable.
Even if the employee was from the contractor, since they are all really the owner, I would think even that would be acceptable. However, for that one I would definitely request a conference call with the reviewers and discuss before you proceed very far.