According to LEED, we would like clarification on who can manage the contract for the Commissioning Authority. We are running into several cases where the client or owner wants to have the architect of record (who is also the design architect) handle the ComX contract. Sometimes the Owner is trying to get the ComX under a CM, At-risk CM or have the At-risk CM provide commissioning services to meet the EAp1. It is generally easier for public clients to run the Commissioning Authority through the architect, as they have all the contractual processes in place and it is easy to release "Additional Services" with the architect. Our reading of the LEED reference guide could infer that the ComX must be hired by the Owner. Is it more preferable that the Commissioning Authority be contracted by the Owner or through other entities associated with the project (with understanding that ComX is always independent/3rd party)?
The LEED Reference Guide states for EA Prerequisite 1 that the Commissioning Authority may be a representative from the design firms, owner, or the contractor. However, the individual acting as the commissioning authority must NOT be directly responsible for any phase of the project\'s design, construction, construction management nor supervision. It is always in the owner\'s interest to contract directly with the Commissioning Authority, although LEED does not make any stipulation regarding the contractual arrangements. If attempting EA Credit 3, note that design team firms are not eligible to perform tasks 1 through 3. Applicable Internationally.