I am going to ask a question that is probably been answered before - but I cannot find the simple answer. Can the CXA be contracted through / to the Design Team? It appears from the FAQs section on this page (Second Question Titled: “Can the CxA authority be a member of the design or construction team?”) I see the statement that “the CxA must be appointed by the Owner.”
However, I also read on page 221 of the LEED Reference Guidebook Edition 2009 (Timeline & Team section of EAc3 – Enhanced Commissioning STEP 2 – directly above Table 2) the statement ““For projects pursuing EA Credit 3, Enhanced Commissioning, the CxA may not be an employee of the design firm but may be contracted through this firm.” This appears to be conflicting information. Can the CXA be contracted to the design team or not?
Jorge Torres-Coto
Building Systems Commissioning EngineerEmpirical Engineering, LLC
17 thumbs up
August 22, 2014 - 11:45 am
We have been employed through various entities on projects (owner, design firm, even contractor). To avoid any confusion we do a small write up with the entities involved (CxA firm, Owner, and holder of CxA contract) and have all of them sign the document stating that for contractual simplicity X company subcontracted the CxA firm, but that the "direct line of communication" is between the CxA firm and the Owner. This has worked with the GBCI previously. This clearly meets the intent of the credits in question. Though you never know with the GBCI, ha ha!
Scott Bowman
LEED FellowIntegrated Design + Energy Advisors, LLC
LEEDuser Expert
519 thumbs up
August 25, 2014 - 10:44 am
Yes, the CxA can be contracted through the design team, normally the architect. A recent LI also allows contract through a contractor if the owner requires a single contract (reversing an earlier interpretation).
Jorge, you are doing exactly what I have recommended several times. Clearly diagraming the relationship is a great idea and including the contract that states the communication goes direct to the owner.
It has been on my to-do list to talk with Tristan to update the FAQ, as I agree it can cause confusion.
Michelle Bombeck
Associate PrincipalO'Brien360
29 thumbs up
September 27, 2016 - 3:49 pm
Scott, can you post the # of the LI you are referring to? I'm not having any luck finding it in the LI database. Thanks!
Scott Bowman
LEED FellowIntegrated Design + Energy Advisors, LLC
LEEDuser Expert
519 thumbs up
October 4, 2016 - 5:16 pm
Michelle, sorry I have been on a travel binge, and am now in LA for Greenbuild! Took me a minute to find it too, but it is LI 10244. Was an older 2012 decision that was ultimately reversed and then noted as applicable to v4 as well. Go to credit library, search for 10244, and select the LI it finds.