We were recently denied a credit in the Final Review Phase on the basis of information that was presented in the Preliminary Review Phase that GBCI had no comments upon. This seems like an inconsistent application of judgment, and we are wondering what, if any recourse we may have in this matter.
The credit in question is IEQc7.2-Thermal Comfort Survey. The Owner saw no value in completing a Thermal Comfort Survey on the HVAC systems until all installation issues had been resolved and the systems were functioning as designed. Due to numerous contractor and parts backorder issues, the systems were not functioning as designed until well after the 18 month mark, although the Owner did respond to and address user complaints to the best of their ability during this time period. We noted this under the "Additional Circumstances" box in our credit, and provided action items from the Cx log as backup.
GBCI had no comments regarding the "Additional Circumstances", and we interpreted their lack of comment as an acceptance of our extenuating circumstances. This credit was required to earn the 50 points targeted for LEED Silver, and as we were denied some other credits upon review, the Owner opted to spend additional money to pursue additional credits to get back to 50 to meet their voluntary commitment for all their projects to earn LEED Silver.
We don't feel that GBCI is unjustified in believing our explanation to be unworthy of the credit; however we do consider it unfair to our client that is highly committed to sustainability for GBCI to have not commented upon it during the Preliminary Review Phase. Thoughts?