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	<title>Comments on: Jerry Yudelson: &#8220;Dereliction&#8221; of Duty by Architects &amp; Engineers Who Fail to Advocate for LEED Certification</title>
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	<link>http://www.greenrealestatelaw.com/2009/09/dereliction-of-duty-by-architects-engineers-who-fail-to-advocate-for-leed-certification/</link>
	<description>Current issues in sustainable building law for owners, builders, and design professionals.</description>
	<lastBuildDate>Fri, 23 Jul 2010 13:06:05 +0000</lastBuildDate>
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		<title>By: Mark S. Lentz, P.E., President, Lentz Engineering Associates, Inc.</title>
		<link>http://www.greenrealestatelaw.com/2009/09/dereliction-of-duty-by-architects-engineers-who-fail-to-advocate-for-leed-certification/comment-page-1/#comment-1000</link>
		<dc:creator>Mark S. Lentz, P.E., President, Lentz Engineering Associates, Inc.</dc:creator>
		<pubDate>Wed, 06 Jan 2010 15:57:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.greenrealestatelaw.com/?p=378#comment-1000</guid>
		<description>Advocating LEED certification does not equate to advocating sustainable design.  For that fact, LEED certification does not equate to a sustainable facility.  

The case of the Northland Pines High School (NPHS) in Eagle River, WI, was not the first appeal.  There were at least two earlier challenges.  

USGBC take the NPHS case seriously for two reasons.  First, the review was performed by two (2) nationally recognized experts in the prerequisite standards.  One was 24 year veteran and past Chairman of the ANSI/ASHRAE/IESNA Standard 90.1 Committee, and is ASHRAE&#039;s expert.  The opinions of these experts simply couldn&#039;t be dismissed.  The second reason was that this case was about blatant and deliberate fraud on a breathtaking scale.  The review documented over 2300 documented violations of LEED prerequisites in what was only a partial review of only the HVAC systems.  How many more violations could be found in a comprehensive review?  NPHS exposed the USGBC LEED review process as a technological sieve which not only permits, but encourages, fraudulent certification applications.  

For USGBC, The Northland Pines High School case opened Pandora&#039;s Box.  NPHS threatens USGBC&#039;s very existence because it threatens the only thing they bring to the table, their credibility.  It raises a very legitimate concern, &quot;How many more NPHS&#039;s are out there?&quot;  Based on my personal observations and experience as a practicing design engineer, I can honestly say, &quot;Far more than USGBC will ever be willing to acknowledge!&quot;  This is a huge problem for them.

The worst possible thing USGBC could do in this matter would be to try to whitewash the issue.  To do so would completely undermine the underlying basis for any claim of value for LEED certification; past, present and future.  While we all hope that it doesn&#039;t kill it, such an action would also have a devastating impact on the whole &quot;sustainability&quot; movement.  It would suddenly become, as many already suspect, &quot;smoke and mirrors.&quot;  This would utterly destroy any value associated with LEED Certification, and make Mr. Yudelson&#039;s opinions regarding &quot;dereliction of duty&quot; moot.</description>
		<content:encoded><![CDATA[<p>Advocating LEED certification does not equate to advocating sustainable design.  For that fact, LEED certification does not equate to a sustainable facility.  </p>
<p>The case of the Northland Pines High School (NPHS) in Eagle River, WI, was not the first appeal.  There were at least two earlier challenges.  </p>
<p>USGBC take the NPHS case seriously for two reasons.  First, the review was performed by two (2) nationally recognized experts in the prerequisite standards.  One was 24 year veteran and past Chairman of the ANSI/ASHRAE/IESNA Standard 90.1 Committee, and is ASHRAE&#8217;s expert.  The opinions of these experts simply couldn&#8217;t be dismissed.  The second reason was that this case was about blatant and deliberate fraud on a breathtaking scale.  The review documented over 2300 documented violations of LEED prerequisites in what was only a partial review of only the HVAC systems.  How many more violations could be found in a comprehensive review?  NPHS exposed the USGBC LEED review process as a technological sieve which not only permits, but encourages, fraudulent certification applications.  </p>
<p>For USGBC, The Northland Pines High School case opened Pandora&#8217;s Box.  NPHS threatens USGBC&#8217;s very existence because it threatens the only thing they bring to the table, their credibility.  It raises a very legitimate concern, &#8220;How many more NPHS&#8217;s are out there?&#8221;  Based on my personal observations and experience as a practicing design engineer, I can honestly say, &#8220;Far more than USGBC will ever be willing to acknowledge!&#8221;  This is a huge problem for them.</p>
<p>The worst possible thing USGBC could do in this matter would be to try to whitewash the issue.  To do so would completely undermine the underlying basis for any claim of value for LEED certification; past, present and future.  While we all hope that it doesn&#8217;t kill it, such an action would also have a devastating impact on the whole &#8220;sustainability&#8221; movement.  It would suddenly become, as many already suspect, &#8220;smoke and mirrors.&#8221;  This would utterly destroy any value associated with LEED Certification, and make Mr. Yudelson&#8217;s opinions regarding &#8220;dereliction of duty&#8221; moot.</p>
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		<title>By: Dirk Faegre</title>
		<link>http://www.greenrealestatelaw.com/2009/09/dereliction-of-duty-by-architects-engineers-who-fail-to-advocate-for-leed-certification/comment-page-1/#comment-892</link>
		<dc:creator>Dirk Faegre</dc:creator>
		<pubDate>Wed, 07 Oct 2009 17:37:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.greenrealestatelaw.com/?p=378#comment-892</guid>
		<description>Why lean on LEED if their specs don&#039;t focus on energy efficiency??  As the NY Times article (and others) make clear -- LEED buildings (regardless of the award level) don&#039;t require much in the way of energy efficiency during operation of the building.  They do for the construction phase, but seem to totally ignore for the remaining life of the building.  &quot;Farse&quot; is too weak a description for this professional.  Those interested in more should read the following: 
http://www.aiact.org/userfiles/file/COTE/GreenGoals_Resources/LEED_Critique_Gifford.pdf   
in which he shows that LEED certified buildings generally use MORE energy than those not rated. !!  
Another quote that says it best: &quot;Building energy use is probably the largest field of human endeavor in which almost nobody measures anything.&quot;  My favorite example is the new building in NYC that had specs for air conditioning loads that exceed their use by at least an order of magnitude. What will the school be teaching, you ask?  Professional Engineers!  But at least it&#039;s LEED certified.  Yuk.</description>
		<content:encoded><![CDATA[<p>Why lean on LEED if their specs don&#8217;t focus on energy efficiency??  As the NY Times article (and others) make clear &#8212; LEED buildings (regardless of the award level) don&#8217;t require much in the way of energy efficiency during operation of the building.  They do for the construction phase, but seem to totally ignore for the remaining life of the building.  &#8220;Farse&#8221; is too weak a description for this professional.  Those interested in more should read the following:<br />
<a href="http://www.aiact.org/userfiles/file/COTE/GreenGoals_Resources/LEED_Critique_Gifford.pdf" rel="nofollow">http://www.aiact.org/userfiles/file/COTE/GreenGoals_Resources/LEED_Critique_Gifford.pdf</a><br />
in which he shows that LEED certified buildings generally use MORE energy than those not rated. !!<br />
Another quote that says it best: &#8220;Building energy use is probably the largest field of human endeavor in which almost nobody measures anything.&#8221;  My favorite example is the new building in NYC that had specs for air conditioning loads that exceed their use by at least an order of magnitude. What will the school be teaching, you ask?  Professional Engineers!  But at least it&#8217;s LEED certified.  Yuk.</p>
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		<title>By: Jeffrey Geibel APR, LEED AP</title>
		<link>http://www.greenrealestatelaw.com/2009/09/dereliction-of-duty-by-architects-engineers-who-fail-to-advocate-for-leed-certification/comment-page-1/#comment-889</link>
		<dc:creator>Jeffrey Geibel APR, LEED AP</dc:creator>
		<pubDate>Tue, 06 Oct 2009 15:33:10 +0000</pubDate>
		<guid isPermaLink="false">http://www.greenrealestatelaw.com/?p=378#comment-889</guid>
		<description>Well done, Stephen.

From a sustainability marketing and public relations perspective, this is a very thought-provoking article. I think it points out the need to balance the creation of expectations with professional obligations (as mandated by the architectural and engineering ethics codes) and also the limits of sustainable advocacy where a proponent could take on the obligation (&quot;guarantee&quot;) of perfection. I found that commentary alone to be extremely valuable.

That being said, I think these caveats can be incorporated when developing marketing and public relations efforts for LEED-based services, and I will no doubt return to this article from time to time to review these concepts.

By the way - I have several of Jerry Yudelson&#039;s marketing books. As far as I can determine, he&#039;s about the only one who has written anything comprehensive on sustainable marketing - he&#039;s been in it since the 70&#039;s. So perhaps it&#039;s understandable when he goes a bit over the top.</description>
		<content:encoded><![CDATA[<p>Well done, Stephen.</p>
<p>From a sustainability marketing and public relations perspective, this is a very thought-provoking article. I think it points out the need to balance the creation of expectations with professional obligations (as mandated by the architectural and engineering ethics codes) and also the limits of sustainable advocacy where a proponent could take on the obligation (&#8220;guarantee&#8221;) of perfection. I found that commentary alone to be extremely valuable.</p>
<p>That being said, I think these caveats can be incorporated when developing marketing and public relations efforts for LEED-based services, and I will no doubt return to this article from time to time to review these concepts.</p>
<p>By the way &#8211; I have several of Jerry Yudelson&#8217;s marketing books. As far as I can determine, he&#8217;s about the only one who has written anything comprehensive on sustainable marketing &#8211; he&#8217;s been in it since the 70&#8217;s. So perhaps it&#8217;s understandable when he goes a bit over the top.</p>
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		<title>By: Luis Huertas, AIA, LEED AP</title>
		<link>http://www.greenrealestatelaw.com/2009/09/dereliction-of-duty-by-architects-engineers-who-fail-to-advocate-for-leed-certification/comment-page-1/#comment-884</link>
		<dc:creator>Luis Huertas, AIA, LEED AP</dc:creator>
		<pubDate>Sat, 03 Oct 2009 13:50:38 +0000</pubDate>
		<guid isPermaLink="false">http://www.greenrealestatelaw.com/?p=378#comment-884</guid>
		<description>The biggest challenge that I encounter when facing this situation is client knowledge level. The standard statement I get is &quot;I want a green building, but I have no idea how to get there.&quot; This translates into &quot;I am confident you know what it takes and thus delegate the responsibility to you to make it happen.&quot; This triggers an education process that takes an entire team of educated professionals as well as a receptive client. Once the client “gets it”, the level of expectation becomes immense and extend beyond what the defined basic services of a design team is supposed to provide. This can be an opportunity to offer other services as well such as energy audits, programming fro future expansions or revising the functions of a current space, carbon emission monitoring, adjustments on operations practices and many others. 

Architects need to think beyond the traditional practice and embrace other services to help the clients get to a higher level of performance and profit (getting the biggest bang for the buck) and this entails sustainable design strategies. Although I am a big advocate for LEED, one can advocate for sustainable design without having to force a rating system. Insurance companies should seize the opportunity as well and help architects offer these services to their clients. Resistant in doing this will only promote fragmentation of the industry to allow for the risk to be allocated in a simplify way rather than integrated to match the design process.</description>
		<content:encoded><![CDATA[<p>The biggest challenge that I encounter when facing this situation is client knowledge level. The standard statement I get is &#8220;I want a green building, but I have no idea how to get there.&#8221; This translates into &#8220;I am confident you know what it takes and thus delegate the responsibility to you to make it happen.&#8221; This triggers an education process that takes an entire team of educated professionals as well as a receptive client. Once the client “gets it”, the level of expectation becomes immense and extend beyond what the defined basic services of a design team is supposed to provide. This can be an opportunity to offer other services as well such as energy audits, programming fro future expansions or revising the functions of a current space, carbon emission monitoring, adjustments on operations practices and many others. </p>
<p>Architects need to think beyond the traditional practice and embrace other services to help the clients get to a higher level of performance and profit (getting the biggest bang for the buck) and this entails sustainable design strategies. Although I am a big advocate for LEED, one can advocate for sustainable design without having to force a rating system. Insurance companies should seize the opportunity as well and help architects offer these services to their clients. Resistant in doing this will only promote fragmentation of the industry to allow for the risk to be allocated in a simplify way rather than integrated to match the design process.</p>
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		<title>By: Stephen Del Percio</title>
		<link>http://www.greenrealestatelaw.com/2009/09/dereliction-of-duty-by-architects-engineers-who-fail-to-advocate-for-leed-certification/comment-page-1/#comment-867</link>
		<dc:creator>Stephen Del Percio</dc:creator>
		<pubDate>Wed, 23 Sep 2009 03:40:27 +0000</pubDate>
		<guid isPermaLink="false">http://www.greenrealestatelaw.com/?p=378#comment-867</guid>
		<description>Great comments, Chuck, thanks, and important to note that you&#039;re coming from the architect&#039;s perspective. Marshall, I think your comment hints at what Fred suggests in his article- suppose you remove that nebulous form contractual obligation from the B201 to consider &quot;sustainable&quot; design alternatives and discuss those options with the owner. Have you nevertheless breached your ethical obligations under both the Canon and that manifesto?</description>
		<content:encoded><![CDATA[<p>Great comments, Chuck, thanks, and important to note that you&#8217;re coming from the architect&#8217;s perspective. Marshall, I think your comment hints at what Fred suggests in his article- suppose you remove that nebulous form contractual obligation from the B201 to consider &#8220;sustainable&#8221; design alternatives and discuss those options with the owner. Have you nevertheless breached your ethical obligations under both the Canon and that manifesto?</p>
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		<title>By: Marshall Leslie</title>
		<link>http://www.greenrealestatelaw.com/2009/09/dereliction-of-duty-by-architects-engineers-who-fail-to-advocate-for-leed-certification/comment-page-1/#comment-866</link>
		<dc:creator>Marshall Leslie</dc:creator>
		<pubDate>Mon, 21 Sep 2009 18:55:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.greenrealestatelaw.com/?p=378#comment-866</guid>
		<description>Ditto Chuck Tackett ..... And while the AIA&#039;s now almost five year old position paper on sustainable building rating systems and standards may not have much currency in some places, its 16-points are in fact a manifesto (see http://www.aia.org/aiaucmp/groups/aia/documents/pdf/aias076595.pdf) that describe far better than Mr. Yudelson, that goal which members of the design team should be striving for.</description>
		<content:encoded><![CDATA[<p>Ditto Chuck Tackett &#8230;.. And while the AIA&#8217;s now almost five year old position paper on sustainable building rating systems and standards may not have much currency in some places, its 16-points are in fact a manifesto (see <a href="http://www.aia.org/aiaucmp/groups/aia/documents/pdf/aias076595.pdf)" rel="nofollow">http://www.aia.org/aiaucmp/groups/aia/documents/pdf/aias076595.pdf)</a> that describe far better than Mr. Yudelson, that goal which members of the design team should be striving for.</p>
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		<title>By: Chuck Tackett</title>
		<link>http://www.greenrealestatelaw.com/2009/09/dereliction-of-duty-by-architects-engineers-who-fail-to-advocate-for-leed-certification/comment-page-1/#comment-865</link>
		<dc:creator>Chuck Tackett</dc:creator>
		<pubDate>Mon, 21 Sep 2009 13:53:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.greenrealestatelaw.com/?p=378#comment-865</guid>
		<description>The Jerry Yudelson speech post hints at, if not directly implicating, what troubles this industry more than anything in regard to sustainable design, namely that there is no consensus on what really constitutes sustainable design. To say that a professional is derelict for not advocating LEED certification is a farce. However, to say that failure to advocate for LEED is equivalent to not advocating sustainable design is an argument that could gain traction. That is highly unfortunate and dangerous. We cannot allow the marketing ploys of any of the certification programs or their subset of niche consulting firms dictate what is or is not sustainable design. 

I do believe that architects and engineers have an obligation to provide our clients with high quality, environmentally responsible designs based upon the clients needs and objectivesthat fit within the larger community&#039;s standards for ethical and responsible design. Thus there should be a some point at which the designer must refuse a client&#039;s goals where they fall below those community standards. However, those decisions must be determined on a case by case analysis and cannot be subject to third party firms with no stake in the outcome. 

We need to have much more debate toward reaching a consensus about what constitutes sustainable design. Right now it&#039;s a chaotic mess being driven by ideologues and profiteers.</description>
		<content:encoded><![CDATA[<p>The Jerry Yudelson speech post hints at, if not directly implicating, what troubles this industry more than anything in regard to sustainable design, namely that there is no consensus on what really constitutes sustainable design. To say that a professional is derelict for not advocating LEED certification is a farce. However, to say that failure to advocate for LEED is equivalent to not advocating sustainable design is an argument that could gain traction. That is highly unfortunate and dangerous. We cannot allow the marketing ploys of any of the certification programs or their subset of niche consulting firms dictate what is or is not sustainable design. </p>
<p>I do believe that architects and engineers have an obligation to provide our clients with high quality, environmentally responsible designs based upon the clients needs and objectivesthat fit within the larger community&#8217;s standards for ethical and responsible design. Thus there should be a some point at which the designer must refuse a client&#8217;s goals where they fall below those community standards. However, those decisions must be determined on a case by case analysis and cannot be subject to third party firms with no stake in the outcome. </p>
<p>We need to have much more debate toward reaching a consensus about what constitutes sustainable design. Right now it&#8217;s a chaotic mess being driven by ideologues and profiteers.</p>
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