This question relates to the third party verification requirements and differences between project delivery systems for design/bid/build and design/build in which the architect is a member of the design/build team under contract to the design/build contractor.Our project is a design/build delivery system with the architectural/engineering design firm under contract to the design/build general contractor. The design/build team is contracted with the client to deliver a LEED certified building. The design/build contractor has also hired a separate engineering firm under contract to him to act as the Commissioning Authority.Several LEED credits indicate a specific requirement for independent third party review and oversight. Specifically, Credit EQ3.1, Construction IAQ Management Plan, says "Identify an owner\'s representative as IAQ Manager to identify IAQ problems and require mitigation as necessary." Credit EA Prerequisite 1, Fundamental Building Systems Commissioning, recognizes the benefit of a third party Commissioning Authority but allows the stipulated use of a qualified member of the design firm to act as Commissioning Authority. Credit EA 3.0, Additional Commissioning, requires specific third party verification, as we understand it.In the design/build situation our team is proceeding on the assumption that the only third party verification that is required for certification whether by construction documentation review or field observation is for the LEED credits noted above. Also, we feel our team is meeting the intent of LEED third party commissioning requirements by hiring a separate engineering firm under contract to the design/build general contractor to do the commissioning. Are our assumptions correct?
The only credit that requires specific, independent third party verification is EA credit 3.0. An independent engineering firm, if qualified to perform commissioning activities, would qualify as a third party.The purpose of the third party requirement is to remove a potential conflict of interest on the part of the commissioning authority (CA). Although typically a third party CA would be hired by the owner, there is no specific requirement in LEED regarding who hires the CA. However, to resolve the potential conflict of interest issue for your project, the Credit Ruling Committee suggests that you make it clear in your commissioning process that the CA is responsible to report to the building owner on commissioning activities. Please address this issue in your submittal.For EA prerequisite 1, a member of the design firm who is not on the design team may perform fundamental commissioning, although using a third party is recommended.The owner\'s rep for EQ credit 3.1 Construction IAQ Management is not a requirement for \'third party verification\', but a note to the building owner regarding their role during Construction Administration. A designated owner\'s rep should pay close attention to IAQ issues during Construction Administration in order to identify IAQ problems as they arise and require mitigation by the responsible party to ensure that the requirements of the Construction Documents are met. Applicable internationally.