Forum discussion

NC-2009 EAc3:Enhanced Commissioning

CxA Contract Question

We hold a contract for construction of a project as the General Contractor. We also have contracted with the design firm (Architect) for the project. Since we hold the contract and are the contractor we can not contract with the CxA, but since we contracted with the design firm as our subcontractor, is the design firm able to contract the CxA for the enhanced commissioning? Or would that be ultimately seen as us the contractor holding the contract with the CxA?

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Wed, 03/14/2012 - 16:42

The CxA cannot be a sub of the contractors involved in construction. If you have contracted the design firm (architect) and the CxA contracts to them, I believe the same 'conflict of interest' that the LEED book refers to remains. LEED is now requiring a copy of the contract to be uploaded, so be careful!

Fri, 03/23/2012 - 20:52

I think you need to go a little deeper, it would appear to depend on fundamental versus enhanced. Fundamental would be much more open on the contracting arrangement, since so many more people can do fundamental. Enhanced could be tricky, and at a minimum a question should be asked. Obviously it would be best if the CxA was direct to the owner if they would entertain that. I understand many owners want a one-stop shop, so could resist. Ultimately the CxA needs direct reporting ability to the Owner, in whatever form the contract. I am not sure posting the contract would catch this, since the contract could be between the Architect and the CxA, and never mention who the Architect is contracted to. My recommendation is to tell GBCI what the owner would like for contracting arrangement (perhaps the CxA to the Architect), and indicate how the reporting will be direct to the owner to prevent a conflict-of-interest.

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