Forum discussion

Contracts with Performance Clauses

I have a colleague (lawyer) who is trying to assemble a list of precedent projects that used penalties or incentives for achieving energy targets. The topic she is addressing is how contracts may be changed to address growing climate change concerns.

At the moment, the only concrete example she has is a project in Washington by the US government.

 

 

Are there any others that come to mind?

 

yours, jp

 

0

You rely on LEEDuser. Can we rely on you?

LEEDuser is supported by our premium members, not by advertisers.

Go premium for $15.95  »

Thu, 06/16/2022 - 13:23

If I remember correctly from a Greenbuild presentation, the RMI Innovation Center in Basalt, CO, by ZGF had a contract with performance penalties and incentives.  

Thu, 06/16/2022 - 14:03

The National Renewable Energy Laboratory (NREL) Research Support Facility (RSF) by RNL and Haselden Construction used a performance-based design-build approach, and have published a fair amount of publicly available collateral material on the subject. It is located in Golden, CO.

Thu, 06/16/2022 - 21:51

Hi John - I believe the project you mention is ours, Federal Center South Army Corps of Engineers, which was more of a penalty (0.5% of the entire design-build contract withheld until the first 12 month of occupied performance was shown to meet the required predicted performance via M&V process). I'm aware of a couple other state projects that considered such a mechanism, but ultimately went a more traditional way. The only project I'm aware of that ZGF did is the RMI Innovation Center, where there was a small bonus for the team to hit a lower predicted EUI. If there are more such projects you learn about, would love to hear about them. FCS and RMI are two of my favorite projects over the years, not necessarily because of the energy performance mechanisms . . . or was it? Chris Flint Chatto AIA, LEED AP BD+C Principal ZGF ARCHITECTS LLP T 503-863-2324 E chris.chatto@zgf.com 1223 SW Washington Street, Suite 200 Portland, OR 97205 zgf.com [instagram] [linkedin] [twitter] [youtube]

Add new comment

To post a comment, you need to register for a LEEDuser Basic membership (free) or login to your existing profile.