We've just received an RFP for a new project instructing my firm to provide fees for LEED Administration, Energy Modeling and Commissioning. For each of my previous projects, the owner has contracting the Cx Agent directly, not through the architectural firm. We've sought out a proposal from a third-party Commissioning Agent, but I wanted to make sure this contract structure is fine for Fundamental and Enhanced Commissioning. Any insight is welcome!
Hi Jaclyn,
Maybe somewhat late for you situation, but you raise a good question.
The USGBC document 'Who Can Be the Commissioning Authority' lays out the official position, i.e. seeks to ensure independence of the CxA. I wonder if this is neccessary and even conflicts with project financing?
Some projects in our part of the world (China and S E Asia) the Owner simply require either the designer or contractor to employ the CxA, and it also applies to design-build projects. In such cases is the CxA not acceptable, EAp1 and/or EAc3 non-compliant, and no LEED certification?
The bottom line is the CxA must act on behalf of the Owner, and acts with competence and integrity. Any self respecting CxA or commissionin firm will not risk his/their reputation by colluding with either the designer or contractor. Those who are not so inclined will collude, no matter who pays the CxA's fees.