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What Does Sustainability Mean to You?

Thomas Taylor, Posted 10/01/2012

As I travel around the country, it is more common than not to hear most people feel it is important to incorporate "sustainability" into their work practices. Because of the widespread use of the term, it intrigues me that our industry still has no set definition.

There are some that use "sustainability" in terms of longevity for their firms, looking to maximize profits while securing backlog to sustain their businesses during these rough economic times. There are others who look at sustainability as a means to save the planet, trying to reduce the amount of materials used, or wasted, while delivering a "green" project. Some people are still not sure exactly what sustainability means, but it is a buzzword in the Architectural, Engineering and Construction (AEC) community, so they use it to stay current. These few examples are by no means a definitive list of definitions.

The multiple uses and definitions of sustainability are no different when you apply the concept and talk specifically about a sustainable building. You might hear the terms green building, high-performance building, net zero or living building all used to describe a sustainable building.

Roles and Responsibilities

For those in the AEC community, the term sustainability, or to be more specific, a sustainable building, typically is defined as a building project that will seek some sort of third-party certification indicating the level of sustainability that has been achieved through the facility's design and construction. While there are multiple systems available to rank sustainability efforts, the U.S. Green Building Council's LEED rating system is still the most widely used.

It is easy for someone to say they are working on a green project, but what does that really mean? Once you start working on this green project, what is your role? What is your responsibility? What is your liability? Recently I had an opportunity to speak with a group of construction professionals about sustainable building. The discussion's focus was a subtopic that specifically focused on liabilities and responsibilities of the contractor when working on a sustainable project. There is a myth inside of the construction industry that if you follow the plans and specifications, you will fulfill your contract. While this may be a true statement for a traditional, "non-green" project, it is seldom the truth when it comes to a project that is incorporating some level of sustainability.

The reason why simply following plans and specifications is not enough on a green project is that even though teams have been delivering sustainable or green projects for more than 10 years now, the attention to the requirements of the documentation and support of a third-party certification effort are usually not clearly defined in the standard contract documents. Rather, the specification will speak in specific terms to a point or credit inside of a particular rating system that is to be achieved, but it's best to leave it to the contractor to investigate the rating system to find out what is actually needed to fulfill the requirements of the rating system. A general contractor's use of specialty subcontractors and "trickle-down" or flow-through clauses of a subcontract complicates this situation even further.

Non-Specific Specs

As an example, let's look at a situation where a specialty contractor is furnishing and erecting steel for a new building. The contractor is asked to provide a quotation for the steel. The contractor looks briefly at the general conditions and notices that a section called, "Sustainable Design Requirements," indicates that Divisions 01 through 33 will provide the LEED requirements specific to the work of each of the related sections and that the requirements may or may not include reference to LEED. Knowing that this will be a LEED project and the requirements related to the structural steel scope of work will be called out in the section that covers his specific work, the contractor turns to that division of the specifications. The contractor finds a specific reference for a submittal that will pertain to LEED Materials and Resources Credit 4: Recycled Content, which relates to the amount of recycled content of the building materials purchased for the project.

The specification instructs the contractor to prepare a submittal indicating the amount of recycled content, measured by weight, and include a statement indicating the cost for each product having recycled content. The contractor prepares his bid and wins the project. In the course of providing his services, he completes a submittal indicating that the steel purchased for the project consists of 85 percent recycled content. He also provides a breakdown of the cost of the materials furnished under his division of work. As the project proceeds, our steel contractor receives a notification from the general contractor (GC). In addition to the information already furnished, additional information is required. The GC is now asking for documentation for where the steel was manufactured, the extraction point for the base materials used to create the steel, an execution plan detailing the low-VOC paints or coatings that will be used on the steel and a detailed schedule for just-in-time delivery because the LEED requirements for protecting open space will not allow for any type of laydown or staging area for the steel before it is installed.

Our steel contractor is both puzzled and upset. The second set of requests was never mentioned in the specifications governing his work. He responds to the GC's request by asking why this information is required if it was not called for in the specifications. The answer received is that all elements of the contract documents apply to his scope of work per the flowthrough clause in his subcontract. The general conditions of the specifications included a LEED scorecard for the project, which indicated the designer's intent to meet the applicable credits and all contractors are required to conform to the requirements of LEED.

Even though the contractor was not aware that he would be required to furnish this extensive information, the contract documents place the responsibility of documentation of construction-related LEED credits onto the contractor. The flow-through language in the subcontract places the identical responsibilities onto the subcontractor as was accepted by the general contractor. It is the responsibility of each bidding contractor to understand the obligations and requirements explicit or implied by the specifications.

Your Meaning of Sustainability

If you're a subcontractor working on a green project, you may wonder what your role is. It's probably more than what your specification indicates. What is your responsibility? The only way to be sure is to know and understand the requirements of LEED and what the general contractor has agreed to in the contract. What is your liability? This will depend on the language used in the contract. If you don't ask, you will not know, but it's almost guaranteed it is more than what you found on the last "non-green" project you worked on.

Thomas Taylor, a 30-year veteran of the construction industry and noted expert on sustainability, is the general manager of St. Louis-based Vertegy. His recent book, "Guide to LEED 2009: Estimating and Preconstruction Strategies," provides step-by-step information about the LEED 2009 for New Construction process. To learn more about Vertegy or Taylor's new book, visit www.vertegyconsultants.com for more information.

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