My understanding is that the Owner must place her/his initials in the Signatory box for credits such as this one (No Smoking). Please correct me if I am wrong, but the Mechanical Engineer is not allowed to place her/his initials acting as "agent" for the owner are they?
Thanks! - Kris Phillips
Susan Walter
HDRLEEDuser Expert
1296 thumbs up
November 5, 2012 - 2:58 pm
You are correct, the person needs to be the owner and the LO computers are smart enough to know that the engineer signed the form instead of the owner. Sit down with the owner and walk them through the whole process. Bring donuts.
Michelle Rosenberger
PartnerArchEcology
522 thumbs up
November 5, 2012 - 3:12 pm
On this topic of Owner signatory, what do you suggest when the Owner does not ever log into LEED Online? We are agents for most if not all of our Owners and many of them never go online at all. Our Owners aren't interested in being walked through this process, donuts or no donuts. They pay us to handle the online process for them.
We are seeing a raft of reviewer comments about the Owner not being assigned to the credit and us signing off for them, despite our executed Agent agreement form. I can only assume this is because we cannot actually assign the Owner contact to the credit when they don't go online. As far as I know, it can't be done.
We have an uploaded executed Agent form that says we are able to sign off on their behalf. If we can't assign them to the credit, how are we supposed to address this to the USGBCs satisfaction?
Susan Walter
HDRLEEDuser Expert
1296 thumbs up
November 5, 2012 - 3:22 pm
I literally sit them down and force them to log in and sign them. It is the only thing I find that works with the owner. Invite them to LEED Online, call them when you know they have gotten the invitation, walk them through the sign up process and then make the appointment. I show up, get them logged on (often doing it for them which is why I am on the phone when they sign up), and roll them through the credits they need to sign. It is a 20 minute process and a pain for both of us. You have to find some way to make it a fun process and easy on them. But the intent of these signatures is for the owner to engage in the process and not outsource to consultants. If the person you interact with is a 'construction' person for the owner and they pass it off to a 'facility' person, then that person may be more interested and will sign things for you. You may need to find someone else at the owner to sign the forms.
Kris Phillips
Arcadis10 thumbs up
November 5, 2012 - 4:13 pm
On the projects that I have worked on to date in LEED 2009, I have walked the owner through placing their initials. As Susan mentions, it's a pain, but it has to be done. If you make it clear to them that without their initials, there is no certification, they will usually comply - if reluctantly. As Susan said, our job is to try to make it as easy and painless as possible (can't say I've managed to make it "fun"...). I realize that the online Forms know WHO is placing their initials - which is why I always have the owner do it - or for other signatories, whichever discipline is the responsible one.
My hope was that the GBCI had updated or created an addenda (hard to keep up with all the addenda) allowing us to sign on behalf of our client. It would seem the answer is "No." If anyone knows otherwise, please let us know.
Thanks! - Kris Phillips
Michelle Rosenberger
PartnerArchEcology
522 thumbs up
November 5, 2012 - 4:56 pm
Ladies,
I appreciate the responses, and the fact that your approach to handling your Owner clients is to make them do it (in the nicest possible way of course). We are LEED consultants, and our approach is to take the burden and brain damage of dealing with the online platform off their shoulders. That's part of the value we offer.
It is actually not accurate to say that a project cannot get certified if the Owner doesn't put their initials in the box. The fact is there is a mechanism for the Owner not to have to spend their very expensive time to perform these online signoffs themselves. It's called an Agent Authorization form and is a fully executed legal document. As I understand it, the entire purpose of this Agent form is to allow a representative to execute the online issues for them.
If the position truly is that an Owner has to go online and initial things themselves or no certification is possible, why have the Agent form and this process in place?
Michelle Rosenberger
PartnerArchEcology
522 thumbs up
November 6, 2012 - 3:56 pm
FYI, I have just been advised by my review team that the Owner does not have to go online or be assigned to the credit. The Agent form, however, needs to be fully executed by the USGBC prior to submittal, i.e., we now need to send the signed Agent form ourselves to Legal at USGBC for their signature prior to uploading it.
Susan Walter
HDRLEEDuser Expert
1296 thumbs up
November 6, 2012 - 3:58 pm
Glad you got good resolution on this issue.
April Rice
Sustainability DirectorRDG Planning & Design
8 thumbs up
December 13, 2012 - 5:08 pm
Be sure, that who ever you assign as the "agent" is listed as Agent. In alot of my cases, I create an architect/agent role for my project managers. They dont mind us being the agent, but you have to designate that person on the project administration tab as "agent", so when you sign the form, it states that you are acting the "agent" or " ______/agent".
Kris Phillips
Arcadis10 thumbs up
February 21, 2013 - 2:06 pm
Michelle,
I was not aware of the Agent Authorization form. Thank you for making everyone aware of this option. You seem knowledgeable on the issue, so I will ask the question: what kind of liability would the "consultant" assume signing on behalf of the client?
I generally use the signatory process as an opportunity to walk them through the MPRs and various issues that we the design/engineers (or consultants) need to ask of them anyway. Essentially killing three birds with one stone (sorry for the reference bird lovers): eco-charrette, fact finding, signatory execution.
By the way, for the record, I would fall under the category of "Gentleman".
Thanks!
Michelle Rosenberger
PartnerArchEcology
522 thumbs up
February 21, 2013 - 2:58 pm
Hi Kris,
You and Susan are obviously taking the time and using a good approach to explain the Owner's responsibilities to them through the signatory issues. Since we have a lot of repeat owners and developers, we find that it's more about high dollar people fussing with the computer platform and the forms and the navigation to get them to sign off than their understanding of the issues. We take that brain damage off their hands.
It's also easier for me as PM to close things out when the documentation is done rather than waiting for this sign off. I prefer not to spend my fee to chase the Owner for a formality, and they seem to appreciate our focus on getting things done.
Please note there are indications that signatories are going away in v4, though I don't know if that applies to all of them.
The agent form is available on the Registration Details tab of any project if you click from Owner to Project Team Member. You can download it and read it. Basically the liability remains on the Owner, all we are doing as Agent is executing the online functions. The Owner is still responsible for the data and claims made.
Always a pleasure to deal with a gentleman.