Forum discussion

Post-occupancy energy collection - owner/arch. contracts?

Hi all,

I have asked a few of you in this list, but thought I might expand the question to the wide group.

To ensure that your firm will be able to collect post-occupancy energy data from your completed projects, have any of you included language about sharing energy data during operations in an owner agreement/contract? We have been doing it verbally/informally as our projects close out, but have any firms included this as a written agreement up-front? Wondering if there are any examples of vetted language to use. 

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Wed, 01/17/2018 - 19:39

We altered language in our AIA contract templates to enable us to ask for this data, but our clients do not always allow us to use anything but their contract, so we are not able to do this on every project. we kept the wording short and to the point as we saw no need to overcomplicate the request, Something along the lines of "Client shall provide energy and water use data at the request of the architect". We would not argue if they wished to remove this, but thus far, none have. Keep in mind that the language is only good if you follow up after occupancy with the request (no sooner than 18 months is ideal), so we recently unveiled a short client survey (POE lite) that we can send out cross markets that is seeking this data amongst other feedback. It is a new program, so it is tough to know how successful it will be or how comprehensive we will be able to use it across our portfolio, but we thought it critical to support the intention of the contractual language.

Wed, 01/17/2018 - 19:55

Hi, A couple of years ago, we edited our basic AIA Owner-Architect agreement to include a clause that requires Owners to supply raw utility data to us for a period of two to five years. Our project managers can edit the duration to suit the project.  As we all know the first year of data isn't very reliable but it still has value in terms of trouble shooting the project.  That clause resides in the Owner Supplied Information section of the contact.  We've had a few clients object on the grounds of confidentiality, but in general there has been little push-back.  In our contract we commit to processing the data in order to derive an operating EUI and to share that information with the client.  But be very careful - we don't want to imply any guarantees relative to specific EUI targets even where those were provided during design, and our attorney crafted the language to address that concern.  Good Luck!    Paul C. Hutton, Chief Sustainability Officer, Cuningham group Architecture

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