Whenever a project owner expresses a desire to achieve certification (e.g., U.S. Green Building Council LEED or Green Globes) for a sustainable/green project, engineers must carefully review proposed contract language. Consider including wording that reflects the following: 1. Owner recognizes that engineer, while incorporating green design, will perform services to traditional standard of care. 2. Engineer should not accept any express warranties or guarantees regarding achievement of certification (as many aspects of rating scale are beyond the engineer's control). 3. Owner recognizes that many so-called green building products are untested and therefore carry some risk that engineer cannot warrant. 4. Engineer cannot accept responsibility for consequential damages (e.g., loss of tax credits for green building) as risk-reward is out of balance.
展开▼
