Committee on the Environment

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Class action lawsuit filed against USGBC:

http://www.scribd.com/doc/39672974/Class-Action-Suit-v-USGBC-SDNY-10-12-10

The plaintiffs are calling into question the USGBC's legitimacy in being able to supplant regular building codes among other things. 

The crux of the matter that we must consider is that, as licensed architects, we are not required to become ASHRAE certified (but our buildings must meet certain ASHRAE standards), for example, whereas- per USGBC- we ourselves ARE required to become LEED AP BD + C certified.  Do you see the critical difference?

Never mind my opinions, I urge you all to read the above lawsuit and share your input regarding its merits or lack thereof.

Respectfully yours,
Tara

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Tara Imani AIA
Principal
Tara Imani Designs, LLC
Houston TX
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Tara - I guess I don't see the critical difference as a LEED AP would never supplant an architectural license. A LEED AP designation is much more encompassing than strictly individuals within the design community, and the majority of individuals who hold a LEED AP are not architects. LEED is also not a minimum building standard like code. There are very few municipalities (less than half a dozen) that require LEED at permitting, and none allow LEED as an alternative to a building code.

 

There are many municipalities that require LEED for their own buildings for which they are the Owner. This is no different than any other Owner requirement. By your own argument, if an Owner stipulates that you have to use a certain style/color of carpet then that would be supplanting an architectural role as the Owner has already made that decision. What right does the Owner have to make these design decisions? After all, you went to school for years to make that decision. What it comes down to is the fact that carpet is only one piece of the puzzle, and doesn't have anything to do with the health, safety and welfare of the general public. LEED is just one piece of the puzzle too...

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Michael Kawecki
Owner
Axiom Sustainable Consulting, LLC
Allen TX
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I don't understand how LEED accreditation would or could "supplant" a license to practice architecture.  Can you explain how that would come about? Do my CSI credentials also overshadow my professional, state-issued license? What about my Autocad training certificate? I also don't see where anyone is required to become accredited.  It's entirely optional.  Can you point to some instance of accreditation being forced on someone?

I feel that Mr. Gifford's lawsuit and the other people who bellyache about LEED are just calling sour grapes.  The USGBC has been very successful- they created a functional rating system, achieved widespread acceptance of it, kept themselves organized and funded throughout a period of rapid growth, etc.  I think a lot of people resent that.  There is some bureaucratic baggage that USGBC needs to overcome, but overall things continue to move forward.

Personally, I think architects' anger would be better directed at an organization like NCARB, a poster child for bureaucratic nonsense and dysfunction with a chokehold on professional licensure.  More than any LEED accreditation, dealing with NCARB certificates and documentation IS required of professionals and it's always unpleasant.

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Kristian Kicinski AIA (and LEED AP)
Associate
Bassetti Architects
Seattle WA
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Original Message:
The crux of the matter that we must consider is that, as licensed architects, we are not required to become ASHRAE certified (but our buildings must meet certain ASHRAE standards), for example, whereas- per USGBC- we ourselves ARE required to become LEED AP BD + C certified.  Do you see the critical difference?

I understand the concern that are coming about because of the lawsuit against LEED.  There are several things that everyone needs to keep in mind:

1.  Only one member of the team needs to a LEED AP (or AP+).  One member.  Architect, Engineer or third party consultant.

2.  The plaintiffs for the lawsuits that I have read about are saying that the USGBC and GBCI are not allowing for information in their literature regarding other programs, certifications or guidelines that will allow building owners to save money (i.e. EnergyStar, etc.).  The literature for LEED has a tendency to state "LEED buildings" and "non-LEED buildings" when it should say "buildings without energy savings criteria".  This is the Anti-Trust part of the lawsuit.

3.  If local institutions, governments or other large entities are requiring LEED Certification or higher on their projects, it may be worth some discussion about their goals.  In some cases, like one I recently was a part of, the objectives are more in line with EnergyStar or other energy saving program.  As consultants to building owner's, part of our job is to educate them about these different programs and help them select the correct one that meets with their mission and goals.  We, as professional consultants, should not concentrate on just one program.

It is real easy to become concerned about a service we provide to our clients when lawsuits begin to hit the newswire.  I have read through the class action lawsuit filed at the beginning of October.  Most of the complaints filed in the suit are not substantiated, because it was brought about by people who do not understand the LEED process.  However, they do have some items that are a concern to me.

As with any contractual agreement, it is very important to assign obligations/responsibilities, compensations, and penalties to all parties involved.  If this is something that has not been a part of your experience, you will save yourself a lot of headaches if you consult with an attorney who is familiar with construction projects before you sign the contract.  If you hire them after signing the contract, it is too late.

Sincerely,
Kent Steen
LEED AP BD+C
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Kent Steen Assoc. AIA
Associate, Architectural Designer
Davis Design
Lincoln NE
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