Making BREEAM Contractually Enforceable - Revision history

Designing Buildings at 08:14, 17 December 2020

2020-12-17T08:14:26Z

← Older revision		Revision as of 08:14, 17 December 2020
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−	\| [[File:~~BRE Breeam ecology~~.jpg]]	+	\| [[File:BRE_Breeam_ecology.jpg\|link=File:BRE_Breeam_ecology.jpg]]
	\|}		\|}

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	This article was originally created by --[[User:John_Easton\|John Easton]]		This article was originally created by --[[User:John_Easton\|John Easton]]

−	[[Category:Do_not_autolink]] [[Category:BREEAM]] [[Category:Sustainability]] [[Category:Appointments]] [[Category:Client_procedures]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Design]] [[Category:Procurement]] [[Category:Products_/_components~~]] [[Category:DCN_Product_Knowledge~~]] [[Category:Property_development]] [[Category:Public_procedures]] [[Category:Roles_/_services]]	+	[[Category:DCN_Commentary]] [[Category:DCN_Guidance]] [[Category:Do_not_autolink]] [[Category:BREEAM]] [[Category:Sustainability]] [[Category:Appointments]] [[Category:Client_procedures]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Design]] [[Category:Procurement]] [[Category:Products_/_components]] [[Category:Property_development]] [[Category:Public_procedures]] [[Category:Roles_/_services]]

Editor at 12:03, 9 October 2019

2019-10-09T12:03:27Z

← Older revision		Revision as of 12:03, 9 October 2019
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		+	\| [[File:BRE Breeam ecology.jpg]]
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	= Introduction =		= Introduction =

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	This article was originally created by --[[User:John_Easton\|John Easton]]		This article was originally created by --[[User:John_Easton\|John Easton]]

−	[[Category:Do_not_autolink]] [[Category:BREEAM]] [[Category:Sustainability]] [[Category:Appointments]] [[Category:Client_procedures]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Design]] [[Category:Procurement]] [[Category:Products_/_components]] [[Category:Property_development]] [[Category:Public_procedures]] [[Category:Roles_/_services]]	+	[[Category:Do_not_autolink]] [[Category:BREEAM]] [[Category:Sustainability]] [[Category:Appointments]] [[Category:Client_procedures]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Design]] [[Category:Procurement]] [[Category:Products_/_components]] [[Category:DCN_Product_Knowledge]] [[Category:Property_development]] [[Category:Public_procedures]] [[Category:Roles_/_services]]

Editor at 11:44, 9 October 2019

2019-10-09T11:44:18Z

← Older revision		Revision as of 11:44, 9 October 2019
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−	A [[Developer\|developer]] / [[Client_for_building_design_and_construction\|client]] who commissions a [[Construction_project\|construction project]] might choose to make [[BREEAM_Wiki\|BREEAM]] assessment a contractually binding requirement; stipulating a certified rating of pass, good, very good, excellent, or outstanding.	+	= Introduction =
		+
		+	A [[Developer\|developer]] / [[Client_for_building_design_and_construction\|client]] who commissions a [[Construction_project\|construction project]] might choose to make [[BREEAM_Wiki\|BREEAM]] assessment a contractually-binding requirement, stipulating a certified rating of pass, good, very good, excellent, or outstanding.

	= The circumstances =		= The circumstances =
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	* Agree credit ownerships and any potential supporting contributions at the initial pre-assessment stage and before starting the design stage of the assessment;		* Agree credit ownerships and any potential supporting contributions at the initial pre-assessment stage and before starting the design stage of the assessment;
	* Be aware of the implications for [[BREEAM_Wiki\|BREEAM]] of the chosen procurement route;		* Be aware of the implications for [[BREEAM_Wiki\|BREEAM]] of the chosen procurement route;
−	* Close out the design stage of the assessment before tendering the [[Construction_contract\|construction contract/s]], OR set out any remaining [[BREEAM_Wiki\|BREEAM]] related design stage requirements with the contract where [[Contractor~~'s_proposals_for_building_design_and_construction~~\|contractor design]] is involved;	+	* Close out the design stage of the assessment before tendering the [[Construction_contract\|construction contract/s]], OR set out any remaining [[BREEAM_Wiki\|BREEAM]] related design stage requirements with the contract where [[Contractor%27s_proposals_for_building_design_and_construction\|contractor design]] is involved;
	* Include a current BREEAM tracker report with the [[Tender_documentation_for_construction_projects\|tender documents]];		* Include a current BREEAM tracker report with the [[Tender_documentation_for_construction_projects\|tender documents]];
	* Monitor the [[BREEAM_Wiki\|BREEAM]] compliance of materials, products, or systems that are at the [[Construction_contractor\|contractor’s]] discretion to select;		* Monitor the [[BREEAM_Wiki\|BREEAM]] compliance of materials, products, or systems that are at the [[Construction_contractor\|contractor’s]] discretion to select;

Designing Buildings at 08:29, 5 March 2019

2019-03-05T08:29:31Z

← Older revision		Revision as of 08:29, 5 March 2019
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	= Summary watch points =		= Summary watch points =

−	* Appoint the BREEAM assessor, or a [~~https://www.designingbuildings.co.uk/wiki/~~BREEAM_Advisory_Professional BREEAM advisory professional], as early as possible, ideally from [~~https://www.designingbuildings.co.uk/wiki/~~Strategic_definition_stage_for_building_projects RIBA Stage 0], to support the agreement of strategic performance targets, to monitor progress against targets, to assist with identifying risks and opportunities, and to provide feedback concerning [~~https://www.designingbuildings.co.uk/wiki/~~BREEAM_Wiki BREEAM];	+	* Appoint the BREEAM assessor, or a [[BREEAM_Advisory_Professional\|BREEAM advisory professional]], as early as possible, ideally from [[Strategic_definition_stage_for_building_projects\|RIBA Stage 0]], to support the agreement of strategic performance targets, to monitor progress against targets, to assist with identifying risks and opportunities, and to provide feedback concerning [[BREEAM_Wiki\|BREEAM]];
−	* Ensure that the core stipulation concerning [~~https://www.designingbuildings.co.uk/wiki/~~BREEAM_Wiki BREEAM] is passed down to every organisation that forms part of the project delivery team, and is reflected in the related [~~https://www.designingbuildings.co.uk/wiki/~~Appointing_consultants_for_building_design_and_construction appointment] and [~~https://www.designingbuildings.co.uk/wiki/~~Construction_contractor contract] documents;	+	* Ensure that the core stipulation concerning [[BREEAM_Wiki\|BREEAM]] is passed down to every organisation that forms part of the project delivery team, and is reflected in the related [[Appointing_consultants_for_building_design_and_construction\|appointment]] and [[Construction_contractor\|contract]] documents;
	* Agree credit ownerships and any potential supporting contributions at the initial pre-assessment stage and before starting the design stage of the assessment;		* Agree credit ownerships and any potential supporting contributions at the initial pre-assessment stage and before starting the design stage of the assessment;
−	* Be aware of the implications for [~~https://www.designingbuildings.co.uk/wiki/~~BREEAM_Wiki BREEAM] of the chosen procurement route;	+	* Be aware of the implications for [[BREEAM_Wiki\|BREEAM]] of the chosen procurement route;
−	* Close out the design stage of the assessment before tendering the [~~https://www.designingbuildings.co.uk/wiki/~~Construction_contract construction contract/s], OR set out any remaining [~~https://www.designingbuildings.co.uk/wiki/~~BREEAM_Wiki BREEAM] related design stage requirements with the contract where [~~https://www.designingbuildings.co.uk/wiki/~~Contractor~~%27s_proposals_for_building_design_and_construction~~ contractor design] is involved;	+	* Close out the design stage of the assessment before tendering the [[Construction_contract\|construction contract/s]], OR set out any remaining [[BREEAM_Wiki\|BREEAM]] related design stage requirements with the contract where [[Contractor's_proposals_for_building_design_and_construction\|contractor design]] is involved;
−	* Include a current BREEAM tracker report with the [~~https://www.designingbuildings.co.uk/wiki/~~Tender_documentation_for_construction_projects tender documents];	+	* Include a current BREEAM tracker report with the [[Tender_documentation_for_construction_projects\|tender documents]];
−	* Monitor the [~~https://www.designingbuildings.co.uk/wiki/~~BREEAM_Wiki BREEAM] compliance of materials, products, or systems that are at the [~~https://www.designingbuildings.co.uk/wiki/~~Construction_contractor contractor’s] discretion to select;	+	* Monitor the [[BREEAM_Wiki\|BREEAM]] compliance of materials, products, or systems that are at the [[Construction_contractor\|contractor’s]] discretion to select;
−	* Appoint a [~~https://www.designingbuildings.co.uk/wiki/~~BREEAM_Advisory_Professional BREEAM advisory professional] for the construction and handover stages, to monitor construction progress where decisions critically impact BREEAM performance, identify risks and opportunities related to the procurement and construction process, provide feedback to the constructors and the project team as appropriate, and to monitor the generation and provision of evidence to the assessor;	+	* Appoint a [[BREEAM_Advisory_Professional\|BREEAM advisory professional]] for the construction and handover stages, to monitor construction progress where decisions critically impact BREEAM performance, identify risks and opportunities related to the procurement and construction process, provide feedback to the constructors and the project team as appropriate, and to monitor the generation and provision of evidence to the assessor;
	* Be aware of the limitations that apply to any remedies that are set for non-performance;		* Be aware of the limitations that apply to any remedies that are set for non-performance;
	* Always seek appropriate legal advice concerning contract matters.		* Always seek appropriate legal advice concerning contract matters.

−	Disclaimer	+	= Disclaimer =

	This article has been written in the context of UK construction practice. Practices elsewhere may apply differently.		This article has been written in the context of UK construction practice. Practices elsewhere may apply differently.
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	This article does not seek to offer legal opinion or guidance, or template wording for contracts. Always seek appropriate legal advice concerning contract matters.		This article does not seek to offer legal opinion or guidance, or template wording for contracts. Always seek appropriate legal advice concerning contract matters.

−	This article was originally created by [~~https://www.designingbuildings.co.uk/wiki/~~User:John_Easton John Easton]	+	This article was originally created by --[[User:John_Easton\|John Easton]]

	[[Category:Do_not_autolink]] [[Category:BREEAM]] [[Category:Sustainability]] [[Category:Appointments]] [[Category:Client_procedures]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Design]] [[Category:Procurement]] [[Category:Products_/_components]] [[Category:Property_development]] [[Category:Public_procedures]] [[Category:Roles_/_services]]		[[Category:Do_not_autolink]] [[Category:BREEAM]] [[Category:Sustainability]] [[Category:Appointments]] [[Category:Client_procedures]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Design]] [[Category:Procurement]] [[Category:Products_/_components]] [[Category:Property_development]] [[Category:Public_procedures]] [[Category:Roles_/_services]]

Designing Buildings at 08:26, 5 March 2019

2019-03-05T08:26:53Z

← Older revision		Revision as of 08:26, 5 March 2019
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	= Contractor design =		= Contractor design =

−	Contracts that involve [[Design_and_build_procurement_route\|design and build]], or a [[Contractor~~'s_design_portion~~\|contractor design portion]], leave the [[Construction_contractor\|contractor/s]] to complete some or all of the [[Contractor~~'s_proposals_for_building_design_and_construction~~\|construction information]] based on a [[Design_intent\|design intent]] that is prepared by the [[Designers_for_buildings_and_other_built_assets\|design team]]. This means that certain aspects of the design might require [[Contractor~~'s_proposals_for_building_design_and_construction~~\|further development and completion by the contractor/s]] to comply fully with the assessment criteria and to complete the evidence for assessment.	+	Contracts that involve [[Design_and_build_procurement_route\|design and build]], or a [[Contractor%27s_design_portion\|contractor design portion]], leave the [[Construction_contractor\|contractor/s]] to complete some or all of the [[Contractor%27s_proposals_for_building_design_and_construction\|construction information]] based on a [[Design_intent\|design intent]] that is prepared by the [[Designers_for_buildings_and_other_built_assets\|design team]]. This means that certain aspects of the design might require [[Contractor%27s_proposals_for_building_design_and_construction\|further development and completion by the contractor/s]] to comply fully with the assessment criteria and to complete the evidence for assessment.

	= Novation =		= Novation =
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	= Serial contracting =		= Serial contracting =

−	Some forms of contracting will place the entire project delivery process under the control of one [~~https://www.designingbuildings.co.uk/wiki/~~Construction_contractor contractor], either through [~~https://www.designingbuildings.co.uk/wiki/~~Management_contractor management contracting] or by [~~https://www.designingbuildings.co.uk/wiki/~~Construction_manager construction management]. The construction delivery process is more commonly organised as a series of contracts however; i.e. [~~https://www.designingbuildings.co.uk/wiki/~~Enabling_works_for_construction enabling works] if needed, then [~~https://www.designingbuildings.co.uk/wiki/~~Construction_works construction works], occasionally with separate [~~https://www.designingbuildings.co.uk/wiki/~~Fit_out_of_buildings fit-out works].	+	Some forms of contracting will place the entire project delivery process under the control of one [[Construction_contractor\|contractor]], either through [[Management_contractor\|management contracting]] or by [[Construction_manager\|construction management]]. The construction delivery process is more commonly organised as a series of contracts however; i.e. [[Enabling_works_for_construction\|enabling works]] if needed, then [[Construction_works\|construction works]], occasionally with separate [[Fit_out_of_buildings\|fit-out works]].

−	Contracts can be let ahead of and separately from the main [~~https://www.designingbuildings.co.uk/wiki/~~Construction_contract construction contract] for various [~~https://www.designingbuildings.co.uk/wiki/~~Enabling_works_for_construction enabling works], which typically can include [~~https://www.designingbuildings.co.uk/wiki/~~Survey surveys], and [~~https://www.designingbuildings.co.uk/wiki/~~Site_investigation site investigation], [~~https://www.designingbuildings.co.uk/wiki/~~Demolition demolition] and/or [~~https://www.designingbuildings.co.uk/wiki/~~Contaminated_land_for_construction remediation] works. If [~~https://www.designingbuildings.co.uk/wiki/~~Enabling_works_for_construction enabling works] are not under the direct control of the [~~https://www.designingbuildings.co.uk/wiki/~~Construction_contractor contractor] who will deliver the main [~~https://www.designingbuildings.co.uk/wiki/~~Construction_contract construction contract], then it is crucial that the terms for [~~https://www.designingbuildings.co.uk/wiki/~~Enabling_works_for_construction enabling works] include stipulations concerning sustainable construction site management, and construction [~~https://www.designingbuildings.co.uk/wiki/~~Supply_chain_management_in_construction supply chain management], which mirror the terms that are included in the main [~~https://www.designingbuildings.co.uk/wiki/~~Construction_contract construction contract], including the provision of evidence for assessment.	+	Contracts can be let ahead of and separately from the main [[Construction_contract\|construction contract]] for various [[Enabling_works_for_construction\|enabling works]], which typically can include [[Survey\|surveys]], and [[Site_investigation\|site investigation]], [[Demolition\|demolition]] and/or [[Contaminated_land_for_construction\|remediation]] works. If [[Enabling_works_for_construction\|enabling works]] are not under the direct control of the [[Construction_contractor\|contractor]] who will deliver the main [[Construction_contract\|construction contract]], then it is crucial that the terms for [[Enabling_works_for_construction\|enabling works]] include stipulations concerning sustainable construction site management, and construction [[Supply_chain_management_in_construction\|supply chain management]], which mirror the terms that are included in the main [[Construction_contract\|construction contract]], including the provision of evidence for assessment.

−	Similar arrangements should be made where the scope of the BREEAM assessment includes [~~https://www.designingbuildings.co.uk/wiki/~~Fit_out_of_buildings fit-out works], and they are to be the subject of one or more follow on contracts, separate from the main [~~https://www.designingbuildings.co.uk/wiki/~~Construction_contract construction contract].	+	Similar arrangements should be made where the scope of the BREEAM assessment includes [[Fit_out_of_buildings\|fit-out works]], and they are to be the subject of one or more follow on contracts, separate from the main [[Construction_contract\|construction contract]].

−	Where dedicated [~~https://www.designingbuildings.co.uk/wiki/~~Off-site_prefabrication_of_buildings:_A_guide_to_connection_choices off-site manufacturing or fabrication] forms part of the construction supply chain (i.e. where that is specifically for the project under assessment), then provisions concerning sustainable construction site management, construction [~~https://www.designingbuildings.co.uk/wiki/~~Supply_chain_management_in_construction supply chain management], and evidence provision should be included in those contracts as well.	+	Where dedicated [[Off-site_prefabrication_of_buildings:_A_guide_to_connection_choices\|off-site manufacturing or fabrication]] forms part of the construction supply chain (i.e. where that is specifically for the project under assessment), then provisions concerning sustainable construction site management, construction [[Supply_chain_management_in_construction\|supply chain management]], and evidence provision should be included in those contracts as well.

−	Where a serial contracting route is followed i.e. [~~https://www.designingbuildings.co.uk/wiki/~~Enabling_works_for_construction enabling works], [~~https://www.designingbuildings.co.uk/wiki/~~Construction_works construction works], and then [~~https://www.designingbuildings.co.uk/wiki/~~Fit_out_of_buildings fit-out works], then the chain of any [~~https://www.designingbuildings.co.uk/wiki/~~Construction_contractor contractor] owned credits can potentially be broken at each step. For example, it is likely that credits for [~~https://www.designingbuildings.co.uk/wiki/~~Supply_chain_management_in_construction supply chain management] would not be awardable for the project if any one of the [~~https://www.designingbuildings.co.uk/wiki/~~Construction_contractor contractors] fail to meet the assessment criteria or don’t provide the related evidence for assessment.	+	Where a serial contracting route is followed i.e. [[Enabling_works_for_construction\|enabling works]], [[Construction_works\|construction works]], and then [[Fit_out_of_buildings\|fit-out works]], then the chain of any [[Construction_contractor\|contractor]] owned credits can potentially be broken at each step. For example, it is likely that credits for [[Supply_chain_management_in_construction\|supply chain management]] would not be awardable for the project if any one of the [[Construction_contractor\|contractors]] fail to meet the assessment criteria or don’t provide the related evidence for assessment.

−	Retention	+	= Retention =

−	Staged [~~https://www.designingbuildings.co.uk/wiki/~~Interim_certificates_in_construction_contracts interim payment] will usually include a [~~https://www.designingbuildings.co.uk/wiki/~~Retention_in_construction_contracts retention] amount to ensure that the [~~https://www.designingbuildings.co.uk/wiki/~~Construction_contractor contractor/s] properly complete the activities required of them under the contract. These are calculated as a percentage of the total [~~https://www.designingbuildings.co.uk/wiki/~~Contract_sum contract sum], and will not routinely include the [~~https://www.designingbuildings.co.uk/wiki/~~Valuation_of_interim_payments valuation] of a final BREEAM certificate.	+	Staged [[Interim_certificates_in_construction_contracts\|interim payment]] will usually include a [[Retention_in_construction_contracts\|retention]] amount to ensure that the [[Construction_contractor\|contractor/s]] properly complete the activities required of them under the contract. These are calculated as a percentage of the total [[Contract_sum\|contract sum]], and will not routinely include the [[Valuation_of_interim_payments\|valuation]] of a final BREEAM certificate.

−	Remedies for non-performance	+	= Remedies for non-performance =

−	If a financial remedy is to be applied where the targeted [~~https://www.designingbuildings.co.uk/wiki/~~BREEAM_Wiki BREEAM] rating is not obtained, then it is important that:	+	If a financial remedy is to be applied where the targeted [[BREEAM_Wiki\|BREEAM]] rating is not obtained, then it is important that:
−		+
−	* Its amount is a reasonable reflection of the associated direct financial loss, e.g. the amount of the funds withheld from the [https://www.designingbuildings.co.uk/wiki/Developer developer] / [https://www.designingbuildings.co.uk/wiki/Client_for_building_design_and_construction client] by an investment fund or a public funding body where a certified [https://www.designingbuildings.co.uk/wiki/BREEAM_Wiki BREEAM] rating had been set as a condition, or from the reduced sale or rental value of the assessed building.	+

		+	* Its amount is a reasonable reflection of the associated direct financial loss, e.g. the amount of the funds withheld from the [[Developer\|developer]] / [[Client_for_building_design_and_construction\|client]] by an investment fund or a public funding body where a certified [[BREEAM_Wiki\|BREEAM]] rating had been set as a condition, or from the reduced sale or rental value of the assessed building.
	* Any financial remedy should only be sought from the appropriate party/s, having set out with the contract terms what is at stake and the mechanism for its recovery.		* Any financial remedy should only be sought from the appropriate party/s, having set out with the contract terms what is at stake and the mechanism for its recovery.

−	BREEAM certificate timing	+	= BREEAM certificate timing =

−	An interim [~~https://www.designingbuildings.co.uk/wiki/~~BREEAM_Wiki BREEAM] certificate can be obtained at the end of the design stage, and a final [~~https://www.designingbuildings.co.uk/wiki/~~BREEAM_Wiki BREEAM] certificate at the end of the post construction stage of the assessment. The end of the assessment stages is not directly linked to the key design and construction contracting milestones, however. It is important to bear in mind, that it may not be practical to tie obtaining a [~~https://www.designingbuildings.co.uk/wiki/~~BREEAM_Wiki BREEAM] certificate to a contract event therefore, which can include:	+	An interim [[BREEAM_Wiki\|BREEAM]] certificate can be obtained at the end of the design stage, and a final [[BREEAM_Wiki\|BREEAM]] certificate at the end of the post construction stage of the assessment. The end of the assessment stages is not directly linked to the key design and construction contracting milestones, however. It is important to bear in mind, that it may not be practical to tie obtaining a [[BREEAM_Wiki\|BREEAM]] certificate to a contract event therefore, which can include:

−	* [~~https://www.designingbuildings.co.uk/wiki/~~Contract_award Contract award]	+	* [[Contract_award\|Contract award]]
−	* [~~https://www.designingbuildings.co.uk/wiki/~~Possession_of_the_site_by_the_contractor Site possession]	+	* [[Possession_of_the_site_by_the_contractor\|Site possession]]
−	* Phased or [~~https://www.designingbuildings.co.uk/wiki/~~Sectional_completion_in_construction_contracts sectional completion]	+	* Phased or [[Sectional_completion_in_construction_contracts\|sectional completion]]
−	* [~~https://www.designingbuildings.co.uk/wiki/~~Practical_completion Practical completion]	+	* [[Practical_completion\|Practical completion]]
−	* [~~https://www.designingbuildings.co.uk/wiki/~~Occupation_of_completed_construction_site Beneficial occupancy and use], ahead of practical completion	+	* [[Occupation_of_completed_construction_site\|Beneficial occupancy and use]], ahead of practical completion
−	* Completion of [~~https://www.designingbuildings.co.uk/wiki/~~Certificate_of_making_good_defects making good defects]	+	* Completion of [[Certificate_of_making_good_defects\|making good defects]]
−	* [~~https://www.designingbuildings.co.uk/wiki/~~Final_certificate_for_construction_contracts Final certificate]	+	* [[Final_certificate_for_construction_contracts\|Final certificate]]
−	* [~~https://www.designingbuildings.co.uk/wiki/~~Final_account Final account]	+	* [[Final_account\|Final account]]

−	Summary watch points	+	= Summary watch points =

	* Appoint the BREEAM assessor, or a [https://www.designingbuildings.co.uk/wiki/BREEAM_Advisory_Professional BREEAM advisory professional], as early as possible, ideally from [https://www.designingbuildings.co.uk/wiki/Strategic_definition_stage_for_building_projects RIBA Stage 0], to support the agreement of strategic performance targets, to monitor progress against targets, to assist with identifying risks and opportunities, and to provide feedback concerning [https://www.designingbuildings.co.uk/wiki/BREEAM_Wiki BREEAM];		* Appoint the BREEAM assessor, or a [https://www.designingbuildings.co.uk/wiki/BREEAM_Advisory_Professional BREEAM advisory professional], as early as possible, ideally from [https://www.designingbuildings.co.uk/wiki/Strategic_definition_stage_for_building_projects RIBA Stage 0], to support the agreement of strategic performance targets, to monitor progress against targets, to assist with identifying risks and opportunities, and to provide feedback concerning [https://www.designingbuildings.co.uk/wiki/BREEAM_Wiki BREEAM];

Designing Buildings at 08:20, 5 March 2019

2019-03-05T08:20:05Z

← Older revision		Revision as of 08:20, 5 March 2019
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	= Procurement route =		= Procurement route =

−	How or whether stipulations concerning [~~https://www.designingbuildings.co.uk/wiki/~~BREEAM_Wiki BREEAM] can be made contractually binding will depend on the chosen [~~https://www.designingbuildings.co.uk/wiki/~~Procurement_route procurement route] for the project.	+	How or whether stipulations concerning [[BREEAM_Wiki\|BREEAM]] can be made contractually binding will depend on the chosen [[Procurement_route\|procurement route]] for the project.

−	Traditional contracts	+	= Traditional contracts =

−	Procurement options that follow a more “traditional” fully designed / fully measured route present the [~~https://www.designingbuildings.co.uk/wiki/~~Construction_contractor contractor/s] at the [~~https://www.designingbuildings.co.uk/wiki/~~Typical_tender_process_for_construction_projects tender] and construction stages with a complete set of [~~https://www.designingbuildings.co.uk/wiki/~~Types_of_drawings_for_building_design drawings], [~~https://www.designingbuildings.co.uk/wiki/~~Schedule schedules], [~~https://www.designingbuildings.co.uk/wiki/~~Specification_for_construction specifications], and [~~https://www.designingbuildings.co.uk/wiki/~~Bill_of_quantities_BOQ bill of quantities] from which to price and construct [~~https://www.designingbuildings.co.uk/wiki/~~Construction_works the works].	+	Procurement options that follow a more “traditional” fully designed / fully measured route present the [[Construction_contractor\|contractor/s]] at the [[Typical_tender_process_for_construction_projects\|tender]] and construction stages with a complete set of [[Types_of_drawings_for_building_design\|drawings]], [[Schedule\|schedules]], [[Specification_for_construction\|specifications]], and [[Bill_of_quantities_BOQ\|bill of quantities]] from which to price and construct [[Construction_works\|the works]].

−	In following this type of route, the only [~~https://www.designingbuildings.co.uk/wiki/~~BREEAM_Wiki BREEAM] credits that the [~~https://www.designingbuildings.co.uk/wiki/~~Construction_contractor contractor/s] should need to actively address are those that relate to sustainable construction site management and construction [~~https://www.designingbuildings.co.uk/wiki/~~Supply_chain_management_in_construction supply chain management]. The [~~https://www.designingbuildings.co.uk/wiki/~~Construction_contractor contractor/s] should be able to expect that compliance with all the remaining assessment criteria will have been addressed at the design stage and will already be embodied in the drawings, spec’s, etc that form the [~~https://www.designingbuildings.co.uk/wiki/~~Contract_documents_for_construction contract documents].	+	In following this type of route, the only [[BREEAM_Wiki\|BREEAM]] credits that the [[Construction_contractor\|contractor/s]] should need to actively address are those that relate to sustainable construction site management and construction [[Supply_chain_management_in_construction\|supply chain management]]. The [[Construction_contractor\|contractor/s]] should be able to expect that compliance with all the remaining assessment criteria will have been addressed at the design stage and will already be embodied in the drawings, spec’s, etc that form the [[Contract_documents_for_construction\|contract documents]].

−	Contractor design	+	= Contractor design =

−	Contracts that involve [~~https://www.designingbuildings.co.uk/wiki/~~Design_and_build_procurement_route design and build], or a [~~https://www.designingbuildings.co.uk/wiki/~~Contractor~~%27s_design_portion~~ contractor design portion], leave the [~~https://www.designingbuildings.co.uk/wiki/~~Construction_contractor contractor/s] to complete some or all of the [~~https://www.designingbuildings.co.uk/wiki/~~Contractor~~%27s_proposals_for_building_design_and_construction~~ construction information] based on a [~~https://www.designingbuildings.co.uk/wiki/~~Design_intent design intent] that is prepared by the [~~https://www.designingbuildings.co.uk/wiki/~~Designers_for_buildings_and_other_built_assets design team]. This means that certain aspects of the design might require [~~https://www.designingbuildings.co.uk/wiki/~~Contractor~~%27s_proposals_for_building_design_and_construction~~ further development and completion by the contractor/s] to comply fully with the assessment criteria and to complete the evidence for assessment.	+	Contracts that involve [[Design_and_build_procurement_route\|design and build]], or a [[Contractor's_design_portion\|contractor design portion]], leave the [[Construction_contractor\|contractor/s]] to complete some or all of the [[Contractor's_proposals_for_building_design_and_construction\|construction information]] based on a [[Design_intent\|design intent]] that is prepared by the [[Designers_for_buildings_and_other_built_assets\|design team]]. This means that certain aspects of the design might require [[Contractor's_proposals_for_building_design_and_construction\|further development and completion by the contractor/s]] to comply fully with the assessment criteria and to complete the evidence for assessment.

−	Novation	+	= Novation =

−	It is not uncommon with a design and build route for the [~~https://www.designingbuildings.co.uk/wiki/~~Appointing_consultants_for_building_design_and_construction appointments] of some or all of the [~~https://www.designingbuildings.co.uk/wiki/~~Designers_for_buildings_and_other_built_assets design team] to be transferred from the [~~https://www.designingbuildings.co.uk/wiki/~~Client_for_building_design_and_construction employer] to the [~~https://www.designingbuildings.co.uk/wiki/~~Construction_contractor contractor] by [~~https://www.designingbuildings.co.uk/wiki/~~Novation novation] at the stage when the [~~https://www.designingbuildings.co.uk/wiki/~~Construction_contract construction contract] is awarded, with the purpose of transferring any remaining design risk to the [~~https://www.designingbuildings.co.uk/wiki/~~Construction_contractor contractor] from that point. The [~~https://www.designingbuildings.co.uk/wiki/~~Scope_of_services scopes of service] and the [~~https://www.designingbuildings.co.uk/wiki/~~Preliminaries_in_construction contract preliminaries and general conditions] should reflect therefore how responsibility for completing the design (and the evidence for assessment) is allocated initially, and is then transferred by [~~https://www.designingbuildings.co.uk/wiki/~~Novation novation] where that is to occur.	+	It is not uncommon with a design and build route for the [[Appointing_consultants_for_building_design_and_construction\|appointments]] of some or all of the [[Designers_for_buildings_and_other_built_assets\|design team]] to be transferred from the [[Client_for_building_design_and_construction\|employer]] to the [[Construction_contractor\|contractor]] by [[Novation\|novation]] at the stage when the [[Construction_contract\|construction contract]] is awarded, with the purpose of transferring any remaining design risk to the [[Construction_contractor\|contractor]] from that point. The [[Scope_of_services\|scopes of service]] and the [[Preliminaries_in_construction\|contract preliminaries and general conditions]] should reflect therefore how responsibility for completing the design (and the evidence for assessment) is allocated initially, and is then transferred by [[Novation\|novation]] where that is to occur.

−	Collateral warranties	+	= Collateral warranties =

−	[~~https://www.designingbuildings.co.uk/wiki/~~Collateral_warranties_for_building_design_and_construction Collateral warranties] can sometimes be sought by a [~~https://www.designingbuildings.co.uk/wiki/~~Developer developer] / [~~https://www.designingbuildings.co.uk/wiki/~~Client_for_building_design_and_construction client] where a duty of care is to be assigned to a third party; typically to a funder, purchaser, or [~~https://www.designingbuildings.co.uk/wiki/~~Tenant tenant] / [~~https://www.designingbuildings.co.uk/wiki/~~Occupier occupier]. [~~https://www.designingbuildings.co.uk/wiki/~~Collateral_warranties_for_building_design_and_construction Collateral warranties] were intended initially to allow the beneficiary/s of the warranty to recover direct economic loss arising from building defects. It is arguable whether failure to obtain a certified [~~https://www.designingbuildings.co.uk/wiki/~~BREEAM_Wiki BREEAM] rating would be covered by a collateral warranty therefore, since a BREEAM certificate is not a [~~https://www.designingbuildings.co.uk/wiki/~~Latent_defects latent defect] that could come to light only some time after initial contract completion.	+	[[Collateral_warranties_for_building_design_and_construction\|Collateral warranties]] can sometimes be sought by a [[Developer\|developer]] / [[Client_for_building_design_and_construction\|client]] where a duty of care is to be assigned to a third party; typically to a funder, purchaser, or [[Tenant\|tenant]] / [[Occupier\|occupier]]. [[Collateral_warranties_for_building_design_and_construction\|Collateral warranties]] were intended initially to allow the beneficiary/s of the warranty to recover direct economic loss arising from building defects. It is arguable whether failure to obtain a certified [[BREEAM_Wiki\|BREEAM]] rating would be covered by a collateral warranty therefore, since a BREEAM certificate is not a [[Latent_defects\|latent defect]] that could come to light only some time after initial contract completion.

−	Expert legal advice should be obtained in each case where [~~https://www.designingbuildings.co.uk/wiki/~~Collateral_warranties_for_building_design_and_construction collateral warranties] are to be sought or given.	+	Expert legal advice should be obtained in each case where [[Collateral_warranties_for_building_design_and_construction\|collateral warranties]] are to be sought or given.

−	Serial contracting	+	= Serial contracting =

	Some forms of contracting will place the entire project delivery process under the control of one [https://www.designingbuildings.co.uk/wiki/Construction_contractor contractor], either through [https://www.designingbuildings.co.uk/wiki/Management_contractor management contracting] or by [https://www.designingbuildings.co.uk/wiki/Construction_manager construction management]. The construction delivery process is more commonly organised as a series of contracts however; i.e. [https://www.designingbuildings.co.uk/wiki/Enabling_works_for_construction enabling works] if needed, then [https://www.designingbuildings.co.uk/wiki/Construction_works construction works], occasionally with separate [https://www.designingbuildings.co.uk/wiki/Fit_out_of_buildings fit-out works].		Some forms of contracting will place the entire project delivery process under the control of one [https://www.designingbuildings.co.uk/wiki/Construction_contractor contractor], either through [https://www.designingbuildings.co.uk/wiki/Management_contractor management contracting] or by [https://www.designingbuildings.co.uk/wiki/Construction_manager construction management]. The construction delivery process is more commonly organised as a series of contracts however; i.e. [https://www.designingbuildings.co.uk/wiki/Enabling_works_for_construction enabling works] if needed, then [https://www.designingbuildings.co.uk/wiki/Construction_works construction works], occasionally with separate [https://www.designingbuildings.co.uk/wiki/Fit_out_of_buildings fit-out works].

Designing Buildings at 08:14, 5 March 2019

2019-03-05T08:14:08Z

Designing Buildings at 08:10, 5 March 2019

2019-03-05T08:10:11Z

← Older revision		Revision as of 08:10, 5 March 2019
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	= Detailed provisions =		= Detailed provisions =

−	In addition to stating the overarching [~~https://www.designingbuildings.co.uk/wiki/~~BREEAM_Wiki BREEAM] requirement, [~~https://www.designingbuildings.co.uk/wiki/~~Appointing_consultants_for_building_design_and_construction professional appointments] and [~~https://www.designingbuildings.co.uk/wiki/~~Construction_contract construction contract] terms should go on to require that the principal parties:	+	In addition to stating the overarching [[BREEAM_Wiki\|BREEAM]] requirement, [[Appointing_consultants_for_building_design_and_construction\|professional appointments]] and [[Construction_contract\|construction contract]] terms should go on to require that the principal parties:

−	* Agree credit ownerships (for compliance with the assessment criteria and for the collation and provision of evidence for assessment) with the BREEAM assessor, along with any necessary supporting contribution/s by other identified parties, including any key construction stage contribution/s by the [~~https://www.designingbuildings.co.uk/wiki/~~Construction_contractor contractor/s] (a responsibilities matrix can assist with this). Note also that:	+	* Agree credit ownerships (for compliance with the assessment criteria and for the collation and provision of evidence for assessment) with the BREEAM assessor, along with any necessary supporting contribution/s by other identified parties, including any key construction stage contribution/s by the [[Construction_contractor\|contractor/s]] (a responsibilities matrix can assist with this). Note also that:

	# Each assessment issue (e.g. Visual Comfort) should have only ONE principal credit owner (e.g. Architect – principally for Glare, Daylighting, and View Out) but could also name one or more supporting contributor as appropriate (e.g. Services Engineer – for internal and external electrical lighting).		# Each assessment issue (e.g. Visual Comfort) should have only ONE principal credit owner (e.g. Architect – principally for Glare, Daylighting, and View Out) but could also name one or more supporting contributor as appropriate (e.g. Services Engineer – for internal and external electrical lighting).
−
	# Each individual evidence requirement that is set out by the BREEAM assessor should then be highlighted and clearly identified against the appropriate party. e.g. Lighting layout drawings and/or room data sheets/schedules are required. [Services Engineer]		# Each individual evidence requirement that is set out by the BREEAM assessor should then be highlighted and clearly identified against the appropriate party. e.g. Lighting layout drawings and/or room data sheets/schedules are required. [Services Engineer]
−		+	# Any reallocation of responsibilities after the pre-assessment stage should require authorisation; by the [[Client_for_building_design_and_construction\|employer]], [[Project_manager\|project manager]], or [[Lead_consultant_for_building_design\|lead consultant]] during the design stage, or the [[Contract_administrator_for_construction_contracts\|contract administrator]] during the construction and post construction stages.
−	# Any reallocation of responsibilities after the pre-assessment stage should require authorisation; by the [~~https://www.designingbuildings.co.uk/wiki/~~Client_for_building_design_and_construction employer], [~~https://www.designingbuildings.co.uk/wiki/~~Project_manager project manager], or [~~https://www.designingbuildings.co.uk/wiki/~~Lead_consultant_for_building_design lead consultant] during the design stage, or the [~~https://www.designingbuildings.co.uk/wiki/~~Contract_administrator_for_construction_contracts contract administrator] during the construction and post construction stages.	+

	* Secure the mandatory “minimum standards” that apply to the stipulated [https://www.designingbuildings.co.uk/wiki/BREEAM_Wiki BREEAM] rating. These should be itemised with the [https://www.designingbuildings.co.uk/wiki/Scope_of_services scopes of service] and with the [https://www.designingbuildings.co.uk/wiki/Preliminaries_in_construction contract preliminaries and general conditions] as appropriate (see the Minimum Standards section of the BREEAM technical manual).		* Secure the mandatory “minimum standards” that apply to the stipulated [https://www.designingbuildings.co.uk/wiki/BREEAM_Wiki BREEAM] rating. These should be itemised with the [https://www.designingbuildings.co.uk/wiki/Scope_of_services scopes of service] and with the [https://www.designingbuildings.co.uk/wiki/Preliminaries_in_construction contract preliminaries and general conditions] as appropriate (see the Minimum Standards section of the BREEAM technical manual).

Designing Buildings: Protected "Making BREEAM Contractually Enforceable" ([edit=author] (indefinite) [move=author] (indefinite))

2019-03-05T08:08:26Z

Protected "Making BREEAM Contractually Enforceable" ([edit=author] (indefinite) [move=author] (indefinite))

← Older revision

Revision as of 08:08, 5 March 2019

Designing Buildings at 08:08, 5 March 2019

2019-03-05T08:08:12Z

← Older revision		Revision as of 08:08, 5 March 2019
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−	A [[Developer\|developer]] / [~~https://www.designingbuildings.co.uk/wiki/~~Client_for_building_design_and_construction client] who commissions a [~~https://www.designingbuildings.co.uk/wiki/~~Construction_project construction project] might choose to make [~~https://www.designingbuildings.co.uk/wiki/~~BREEAM_Wiki BREEAM] assessment a contractually binding requirement; stipulating a certified rating of pass, good, very good, excellent, or outstanding.	+	A [[Developer\|developer]] / [[Client_for_building_design_and_construction\|client]] who commissions a [[Construction_project\|construction project]] might choose to make [[BREEAM_Wiki\|BREEAM]] assessment a contractually binding requirement; stipulating a certified rating of pass, good, very good, excellent, or outstanding.

−	The circumstances	+	= The circumstances =

−	A decision to make [~~https://www.designingbuildings.co.uk/wiki/~~BREEAM_Wiki BREEAM] a specific contract requirement can arise from:	+	A decision to make [[BREEAM_Wiki\|BREEAM]] a specific contract requirement can arise from:

−	# A contractual commitment to a [~~https://www.designingbuildings.co.uk/wiki/~~Tenant tenant] / [~~https://www.designingbuildings.co.uk/wiki/~~Occupier occupier] or purchaser;	+	# A contractual commitment to a [[Tenant\|tenant]] / [[Occupier\|occupier]] or purchaser;
−	# A condition of [~~https://www.designingbuildings.co.uk/wiki/~~Funding_options_for_building_developments funding], typically set by an investment fund or a public funding body;	+	# A condition of [[Funding_options_for_building_developments\|funding]], typically set by an investment fund or a public funding body;
−	# A condition of [~~https://www.designingbuildings.co.uk/wiki/~~Planning_permission planning consent];	+	# A condition of [[Planning_permission\|planning consent]];
−	# A standing policy commitment previously set by the [~~https://www.designingbuildings.co.uk/wiki/~~Developer developer] / [~~https://www.designingbuildings.co.uk/wiki/~~Client_for_building_design_and_construction client] e.g. [~~https://www.designingbuildings.co.uk/wiki/~~Corporate_social_responsibility_in_construction corporate social responsibility policy], or [~~https://www.designingbuildings.co.uk/wiki/~~Environmental_policy_for_building_design_and_construction environmental policy];	+	# A standing policy commitment previously set by the [[Developer\|developer]] / [[Client_for_building_design_and_construction\|client]] e.g. [[Corporate_social_responsibility_in_construction\|corporate social responsibility policy]], or [[Environmental_policy_for_building_design_and_construction\|environmental policy]];

−	The objective	+	= The objective =

	The main objective in these circumstances is usually to “transfer risk” for obtaining the target rating to one or more of the organisations that will deliver the project.		The main objective in these circumstances is usually to “transfer risk” for obtaining the target rating to one or more of the organisations that will deliver the project.

−	Enforceability	+	= Enforceability =

−	To be contractually enforceable, stipulations concerning [~~https://www.designingbuildings.co.uk/wiki/~~BREEAM_Wiki BREEAM] must be:	+	To be contractually enforceable, stipulations concerning [[BREEAM_Wiki\|BREEAM]] must be:

	* Correctly described		* Correctly described
Line 24:		Line 24:
	* Reasonable, measurable, and proportionate concerning any remedy for non-performance, if that is to be set		* Reasonable, measurable, and proportionate concerning any remedy for non-performance, if that is to be set

−	The core requirement	+	= The core requirement =

−	The core stipulation concerning [~~https://www.designingbuildings.co.uk/wiki/~~BREEAM_Wiki BREEAM] should be passed down to every organisation that forms part of the project delivery team, and should:	+	The core stipulation concerning [[BREEAM_Wiki\|BREEAM]] should be passed down to every organisation that forms part of the project delivery team, and should:

−	* Clearly identify the overarching [~~https://www.designingbuildings.co.uk/wiki/~~Key_performance_indicators_KPI KPI] e.g. BREEAM Excellent;	+	* Clearly identify the overarching [[Key_performance_indicators_KPI\|KPI]] e.g. BREEAM Excellent;
−	* Correctly name the appropriate [~~https://www.designingbuildings.co.uk/wiki/~~Key_performance_indicators_KPI KPI] standard e.g. BREEAM UK New Construction 2018 v2.0, Primary School building type, fully fitted (obtain an initial “scheme definition” from [~~https://www.designingbuildings.co.uk/wiki/~~Building_Research_Establishment_BRE BRE] through a BREEAM assessor if in any doubt);	+	* Correctly name the appropriate [[Key_performance_indicators_KPI\|KPI]] standard e.g. BREEAM UK New Construction 2018 v2.0, Primary School building type, fully fitted (obtain an initial “scheme definition” from [[Building_Research_Establishment_BRE\|BRE]] through a BREEAM assessor if in any doubt);
−	* State whether any or all of 1 to 4 apply (above), and state the amount (£) of the funds that are at stake with certification (particularly where 1 or 2 applies), which is essential if [~~https://www.designingbuildings.co.uk/wiki/~~Liquidated_damages_in_construction_contracts liquidated and ascertained damages] provisions are to be applied to non-performance.	+	* State whether any or all of 1 to 4 apply (above), and state the amount (£) of the funds that are at stake with certification (particularly where 1 or 2 applies), which is essential if [[Liquidated_damages_in_construction_contracts\|liquidated and ascertained damages]] provisions are to be applied to non-performance.

−	Writing it down	+	= Writing it down =

−	Provisions concerning [~~https://www.designingbuildings.co.uk/wiki/~~BREEAM_Wiki BREEAM] should be included with:	+	Provisions concerning [[BREEAM_Wiki\|BREEAM]] should be included with:

−	* The [~~https://www.designingbuildings.co.uk/wiki/~~Strategic_brief_for_construction_projects strategic brief] where one is prepared, and with the [~~https://www.designingbuildings.co.uk/wiki/~~Project_brief_for_design_and_construction design brief] that is given to the [~~https://www.designingbuildings.co.uk/wiki/~~Designers_for_buildings_and_other_built_assets design team];	+	* The [[Strategic_brief_for_construction_projects\|strategic brief]] where one is prepared, and with the [[Project_brief_for_design_and_construction\|design brief]] that is given to the [[Designers_for_buildings_and_other_built_assets\|design team]];
−	* The [~~https://www.designingbuildings.co.uk/wiki/~~Budget_for_building_design_and_construction_projects budget] and [~~https://www.designingbuildings.co.uk/wiki/~~Cost_plans_for_construction_projects cost plan], bearing in mind that standard cost yardsticks do not routinely cover every aspect of [~~https://www.designingbuildings.co.uk/wiki/~~BREEAM_Wiki BREEAM] compliance;	+	* The [[Budget_for_building_design_and_construction_projects\|budget]] and [[Cost_plans_for_construction_projects\|cost plan]], bearing in mind that standard cost yardsticks do not routinely cover every aspect of [[BREEAM_Wiki\|BREEAM]] compliance;
−	* The [~~https://www.designingbuildings.co.uk/wiki/~~Scope_of_services scopes of service] that form part of the [~~https://www.designingbuildings.co.uk/wiki/~~Appointing_consultants_for_building_design_and_construction professional appointment] for each member of the [~~https://www.designingbuildings.co.uk/wiki/~~Designers_for_buildings_and_other_built_assets design team];	+	* The [[Scope_of_services\|scopes of service]] that form part of the [[Appointing_consultants_for_building_design_and_construction\|professional appointment]] for each member of the [[Designers_for_buildings_and_other_built_assets\|design team]];
−	* The [~~https://www.designingbuildings.co.uk/wiki/~~Preliminaries_in_construction preliminaries and general conditions] for the [~~https://www.designingbuildings.co.uk/wiki/~~Construction_contract construction contract]/s;	+	* The [[Preliminaries_in_construction\|preliminaries and general conditions]] for the [[Construction_contract\|construction contract]]/s;
−	* The [~~https://www.designingbuildings.co.uk/wiki/~~Appointing_consultants_for_building_design_and_construction appointment] or contract terms for [~~https://www.designingbuildings.co.uk/wiki/~~Sub-consultants_for_design_and_construction sub-consultants], [~~https://www.designingbuildings.co.uk/wiki/~~Sub-contractor sub-contractors], [~~https://www.designingbuildings.co.uk/wiki/~~Suppliers_for_design_and_construction suppliers], and other supporting [~~https://www.designingbuildings.co.uk/wiki/~~Specialists_in_the_construction_industry specialists], which should mirror appropriately the terms that apply to the organisation who will employ them.	+	* The [[Appointing_consultants_for_building_design_and_construction\|appointment]] or contract terms for [[Sub-consultants_for_design_and_construction\|sub-consultants]], [[Sub-contractor\|sub-contractors]], [[Suppliers_for_design_and_construction\|suppliers]], and other supporting [[Specialists_in_the_construction_industry\|specialists]], which should mirror appropriately the terms that apply to the organisation who will employ them.

−	Detailed provisions	+	= Detailed provisions =

	In addition to stating the overarching [https://www.designingbuildings.co.uk/wiki/BREEAM_Wiki BREEAM] requirement, [https://www.designingbuildings.co.uk/wiki/Appointing_consultants_for_building_design_and_construction professional appointments] and [https://www.designingbuildings.co.uk/wiki/Construction_contract construction contract] terms should go on to require that the principal parties:		In addition to stating the overarching [https://www.designingbuildings.co.uk/wiki/BREEAM_Wiki BREEAM] requirement, [https://www.designingbuildings.co.uk/wiki/Appointing_consultants_for_building_design_and_construction professional appointments] and [https://www.designingbuildings.co.uk/wiki/Construction_contract construction contract] terms should go on to require that the principal parties:

← Older revision		Revision as of 08:14, 5 March 2019
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	# Any reallocation of responsibilities after the pre-assessment stage should require authorisation; by the [[Client_for_building_design_and_construction\|employer]], [[Project_manager\|project manager]], or [[Lead_consultant_for_building_design\|lead consultant]] during the design stage, or the [[Contract_administrator_for_construction_contracts\|contract administrator]] during the construction and post construction stages.		# Any reallocation of responsibilities after the pre-assessment stage should require authorisation; by the [[Client_for_building_design_and_construction\|employer]], [[Project_manager\|project manager]], or [[Lead_consultant_for_building_design\|lead consultant]] during the design stage, or the [[Contract_administrator_for_construction_contracts\|contract administrator]] during the construction and post construction stages.

−	* Secure the mandatory “minimum standards” that apply to the stipulated [~~https://www.designingbuildings.co.uk/wiki/~~BREEAM_Wiki BREEAM] rating. These should be itemised with the [~~https://www.designingbuildings.co.uk/wiki/~~Scope_of_services scopes of service] and with the [~~https://www.designingbuildings.co.uk/wiki/~~Preliminaries_in_construction contract preliminaries and general conditions] as appropriate (see the Minimum Standards section of the BREEAM technical manual).	+	* Secure the mandatory “minimum standards” that apply to the stipulated [[BREEAM_Wiki\|BREEAM]] rating. These should be itemised with the [[Scope_of_services\|scopes of service]] and with the [[Preliminaries_in_construction\|contract preliminaries and general conditions]] as appropriate (see the Minimum Standards section of the BREEAM technical manual).

−	* Implement (or advise the [~~https://www.designingbuildings.co.uk/wiki/~~Client_for_building_design_and_construction employer] in good time as appropriate concerning) any specialist appointments, and/or the completion of key consultations, surveys, and studies that must occur at key [~~https://www.designingbuildings.co.uk/wiki/~~RIBA_plan_of_work RIBA work stages] where the [~~https://www.designingbuildings.co.uk/wiki/~~BREEAM_Wiki BREEAM] assessment criteria set time limits for these.	+	* Implement (or advise the [[Client_for_building_design_and_construction\|employer]] in good time as appropriate concerning) any specialist appointments, and/or the completion of key consultations, surveys, and studies that must occur at key [[RIBA_plan_of_work\|RIBA work stages]] where the [[BREEAM_Wiki\|BREEAM]] assessment criteria set time limits for these.

	* Assist the BREEAM assessor to identify additional elective credits beyond the targeted percentage score, as a contingency for the likelihood that not all the elective credits that are targeted initially will be secured ultimately.		* Assist the BREEAM assessor to identify additional elective credits beyond the targeted percentage score, as a contingency for the likelihood that not all the elective credits that are targeted initially will be secured ultimately.

−	* Provide sufficient resources for the timely completion of the assessment, bearing in mind in particular that completion of the post construction stage of the assessment may extend beyond the contract date for [~~https://www.designingbuildings.co.uk/wiki/~~Certificate_of_making_good_defects making good defects], thereby extending the date for settlement of the [~~https://www.designingbuildings.co.uk/wiki/~~Final_account final account].	+	* Provide sufficient resources for the timely completion of the assessment, bearing in mind in particular that completion of the post construction stage of the assessment may extend beyond the contract date for [[Certificate_of_making_good_defects\|making good defects]], thereby extending the date for settlement of the [[Final_account\|final account]].

−	Technical specifications	+	= Technical specifications =

−	How technical [~~https://www.designingbuildings.co.uk/wiki/~~Specification_for_construction specifications] are worded can influence how or whether the [~~https://www.designingbuildings.co.uk/wiki/~~BREEAM_Wiki BREEAM] assessment criteria can be met:	+	How technical [[Specification_for_construction\|specifications]] are worded can influence how or whether the [[BREEAM_Wiki\|BREEAM]] assessment criteria can be met:

−	* Where a material, product, or system is named with the [~~https://www.designingbuildings.co.uk/wiki/~~Specification_for_construction specifications] (e.g. Acme Type X wash basin tap) it is implicit that the specifier will have established that it is [~~https://www.designingbuildings.co.uk/wiki/~~BREEAM_Wiki BREEAM] compliant beforehand.	+	* Where a material, product, or system is named with the [[Specification_for_construction\|specifications]] (e.g. Acme Type X wash basin tap) it is implicit that the specifier will have established that it is [[BREEAM_Wiki\|BREEAM]] compliant beforehand.

−	* Occasionally a [~~https://www.designingbuildings.co.uk/wiki/~~Specification_for_construction specification] will permit an “equal and approved” alternative for the named item however, which can allow the [~~https://www.designingbuildings.co.uk/wiki/~~Construction_contractor contractor] to make a substitution (e.g. a different wash basin tap, which might have a higher flow rate).	+	* Occasionally a [[Specification_for_construction\|specification]] will permit an “equal and approved” alternative for the named item however, which can allow the [[Construction_contractor\|contractor]] to make a substitution (e.g. a different wash basin tap, which might have a higher flow rate).

−	* [~~https://www.designingbuildings.co.uk/wiki/~~Performance_specification Performance specification] can also be used to describe technical and/or appearance requirements (e.g. a full flow rate of # litres per minute for the wash basin tap, measured at a dynamic pressure of 3±0.2 bar), without brand-naming a material, product, or system, leaving the [~~https://www.designingbuildings.co.uk/wiki/~~Construction_contractor contractor] to select the manufacturer and/or model subject “to approval” by the [~~https://www.designingbuildings.co.uk/wiki/~~Contract_administrator_for_construction_contracts contract administrator].	+	* [[Performance_specification\|Performance specification]] can also be used to describe technical and/or appearance requirements (e.g. a full flow rate of # litres per minute for the wash basin tap, measured at a dynamic pressure of 3±0.2 bar), without brand-naming a material, product, or system, leaving the [[Construction_contractor\|contractor]] to select the manufacturer and/or model subject “to approval” by the [[Contract_administrator_for_construction_contracts\|contract administrator]].

−	* A [~~https://www.designingbuildings.co.uk/wiki/~~Provisional_sum provisional sum] can sometimes be made with a [~~https://www.designingbuildings.co.uk/wiki/~~Construction_contract construction contract] for things that are not yet defined in enough detail for tenderers to accurately price.	+	* A [[Provisional_sum\|provisional sum]] can sometimes be made with a [[Construction_contract\|construction contract]] for things that are not yet defined in enough detail for tenderers to accurately price.

−	Demonstrating compliance	+	= Demonstrating compliance =

−	In each case where the [~~https://www.designingbuildings.co.uk/wiki/~~Construction_contractor contractor] is permitted to select a material, product, or system they must demonstrate to the [~~https://www.designingbuildings.co.uk/wiki/~~Contract_administrator_for_construction_contracts contract administrator] that the proposed selection is equal in terms of its [~~https://www.designingbuildings.co.uk/wiki/~~BREEAM_Wiki BREEAM] compliance, as well as any of its other technical characteristics, and/or its appearance where relevant.	+	In each case where the [[Construction_contractor\|contractor]] is permitted to select a material, product, or system they must demonstrate to the [[Contract_administrator_for_construction_contracts\|contract administrator]] that the proposed selection is equal in terms of its [[BREEAM_Wiki\|BREEAM]] compliance, as well as any of its other technical characteristics, and/or its appearance where relevant.

−	The [~~https://www.designingbuildings.co.uk/wiki/~~Contract_administrator_for_construction_contracts contract administrator] should seek guidance from the [~~https://www.designingbuildings.co.uk/wiki/~~Designers_for_buildings_and_other_built_assets design team] and the BREEAM assessor as appropriate where compliance with the assessment criteria needs to be established.	+	The [[Contract_administrator_for_construction_contracts\|contract administrator]] should seek guidance from the [[Designers_for_buildings_and_other_built_assets\|design team]] and the BREEAM assessor as appropriate where compliance with the assessment criteria needs to be established.

−	Bear in mind that specification clauses that simply state “comply with BREEAM” are too vague. The wording of specification clauses should be drawn directly from the written assessment criteria and the evidence requirements that are set out in the relevant sections of the BREEAM technical manual, remembering to include in full any references to other external standards that are given there e.g. British or European Standards, [~~https://www.designingbuildings.co.uk/wiki/~~Building_Services_Research_and_Information_Association_BSRIA BSRIA], or [~~https://www.designingbuildings.co.uk/wiki/~~Chartered_Institution_of_Building_Services_Engineers_CIBSE CIBSE] Guides etc.	+	Bear in mind that specification clauses that simply state “comply with BREEAM” are too vague. The wording of specification clauses should be drawn directly from the written assessment criteria and the evidence requirements that are set out in the relevant sections of the BREEAM technical manual, remembering to include in full any references to other external standards that are given there e.g. British or European Standards, [[Building_Services_Research_and_Information_Association_BSRIA\|BSRIA]], or [[Chartered_Institution_of_Building_Services_Engineers_CIBSE\|CIBSE]] Guides etc.

−	Procurement route	+	= Procurement route =

	How or whether stipulations concerning [https://www.designingbuildings.co.uk/wiki/BREEAM_Wiki BREEAM] can be made contractually binding will depend on the chosen [https://www.designingbuildings.co.uk/wiki/Procurement_route procurement route] for the project.		How or whether stipulations concerning [https://www.designingbuildings.co.uk/wiki/BREEAM_Wiki BREEAM] can be made contractually binding will depend on the chosen [https://www.designingbuildings.co.uk/wiki/Procurement_route procurement route] for the project.