See all forum discussions about NC-2009 EAc3
 Subscribe to new posts about NC-2009 EAc3 Post a new question aboutNC-2009 EAc3
See LEEDuser’s guidance on NC-2009 EAc3»
FAQs about EAc3 :

Who can perform enhanced commissioning services?

If my project uses a District Energy System (DES) is enhanced commissioning required for the DES?

View answers »

Forum discussion

NC-2009 EAc3:Enhanced Commissioning

CxA Appointment

Default Avatar
Ameet AA
LEEDuser Basic Member
27 thumbs up

Project type: School Academy LEED Rating: New Construction 2009 for School, AGMBC 2010 Approach Hi my company is providing LEED Assessment, Architectural as well as MEP consultancy to School Project. We are aiming for EAC3 Enhanced Commissioning credits for this project. Client has requested us to appoint CxA. Can we appoint a subcontractor to conduct commissioning? 1.Disinterested [1] subcontractor to the A/E can be commissioning authority (Who Can be the Commissioning Authority" http://www.usgbc.org/ShowFile.aspx?DocumentID=1262) 2.However Credit requirement also suggest that the individual serving as CxA must be INDEPENDENT of the project’s design and construction management If subcontracted by A/E how the CxA could be independent? There is always a possibility of conflict of interest as we are appointing him and might tend to be bias towards our design proposals Please guide. Thanks in advance!

0
Post a reply

You rely on LEEDuser. Can we rely on you?

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

Go premium for $15.95  »

Profile picture for user bowmansc
Scott Bowman
LEED Fellow
Integrated Design + Energy Advisors, LLC
LEEDuser Expert
377 thumbs up

Fri, 11/02/2012 - 13:24

For EAc3, the CxA must be independent; it must be a third party with no involvement in design tasks. They must also have a direct reporting path to owner. While it is best for the CxA to have a contract with the owner, USGBC allows alternative contracting arrangements. We have both performed as a sub to an architect, and we have had other firms as sub’s to us when we were the EOR. Typically the owner is still involved in the selection process, hopefully based on qualifications, for the CxA firm, and the contracting arrangement has more to do with the convenience of the owner and invoicing. While you are right, there could be a conflict of interest, most quality CxA firms would be responsible and responsive to the owner first just from an ethical basis.
Default Avatar
Peter Dishno
Commissioning Engineer
LEEDuser Basic Member
15 thumbs up

Fri, 11/02/2012 - 16:17

Please see this link from the USGBC, http://www.usgbc.org/ShowFile.aspx?DocumentID=1262 For less than 50,000sf I think you are fine. For over 50,000sf: While I agree that you can be the one to find the CxA, I would be careful about holding the direct contract with the CxA considering how much work you have performed on the project. Might as well be on the safe side and arrange an introduction between the CxA of your choice (and price) and the owner to work out a direct contract that you can upload to LEED online. While the USGBC has allowed a lot of leeway on this, they have asked to see a contract for one of my jobs to see that we were 'direct to the owner'. Pete
Profile picture for user bowmansc
Scott Bowman
LEED Fellow
Integrated Design + Energy Advisors, LLC
LEEDuser Expert
377 thumbs up

Mon, 11/05/2012 - 15:54

Peter, I am going to disagree with you a little. The guidance to who can be the CxA is pretty clear that even Enhanced Commissioning can be a subcontractor to the A/E, but must be disinterested. I have worked on several projects in just this role, and always include a clause in our agreement that we have first reporting responsibility to the owner, and where we were the EOR we granted the same to the CxA under our contract. Also, we typically upload our contract and scope of work for EAc3, with the fees redacted of course. Now, I agree, working for the owner is best, for a whole lot of reasons, but many owners like having two checks to write, one to the design team, and one to the contractors.
Default Avatar
Peter Dishno
Commissioning Engineer
LEEDuser Basic Member
15 thumbs up

Mon, 11/05/2012 - 17:09

Scott, I agree with your assessment that Ameet could indeed get this credit by holding the contract of the CxA. Having said that, it would be very difficult for a company who did the architectural, MEP Design and LEED Management to hire someone who is truly'disinterested' and is considered to have a direct line to the owner. I always advise companies who have done a lot of work in the design phase to remove themselves from the contract... Honestly, it just leads to a better commissioning experience for everyone.

Add new comment

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