Green Building Addendum Now Available At No Charge

There are numerous risks, rights, responsibilities and procedures unique to sustainable construction projects seeking LEED® Certification from the U.S. Green Building Council. It is prudent for owners, developers and contractors to address these issues thoroughly in their construction contracts. Because many construction contracts do not address these issues, Seyfarth Shaw’s Construction Group has prepared a comprehensive Green Building Addendum that does just that. The Addendum becomes an exhibit to the construction contract, and was drafted so that it can be used with virtually any construction contract. By not limiting the Addendum to one particular type of contract, such as the AIA Documents, it provides maximum flexibility. Further, it provides menu options for certain issues, such as remedies if LEED Certification is not achieved, allowing for seamless customization based on the specific project and the parties’ risk profile.

Seyfarth Shaw’s Green Building Addendum: provides definitions for green building issues; provides a space for the parties to insert the LEED Rating System and level of Certification for the project; summarizes the LEED registration and certification process and identifies the parties’ responsibilities concerning them; includes a customizable matrix to identify the Prerequisites and Credits applicable to the project and the parties’ responsibilities concerning them; addresses the submittal process for green building components; addresses the correlation between LEED Certification and substantial completion, final completion and final payment; addresses changes that affect Prerequisites and Credits; addresses issues concerning the impact of the Owner’s separate contractors on Prerequisites and Credits; addresses scheduling issues concerning green components and processes; addresses allowances for green components that have not been finalized at contract award; and provides numerous optional remedies if LEED Certification is not achieved, or specific Credits are not satisfied.

With respect to remedies, multiple options are provided for each of the following scenarios: the Owner solely prevents LEED Certification from being achieved; the Contractor solely prevents LEED Certification from being achieved; the Owner and Contractor each individually prevent LEED Certification from being achieved; the Owner and Contractor collectively prevent LEED Certification from being achieved; and the project achieves LEED Certification, but certain Credits are missed.

Best of all, it’s complimentary. We are offering our Green Building Addendum to building owners, developers and contractors at no charge. For a copy of the Addendum, please contact the Seyfarth attorney with whom you work, or David Blake, Esq., LEED AP, at (202) 828-3523, or simply select the button below to submit your request through this on-line form.