Access the B101–2017, D503-2020, and E204–2017
To purchase a one-time use license for the documents in this article, visit the links below:
B101- 2017 Owner-Architect Agreement
D503–2020 Guide for Sustainable Projects
E204-2017 Sustainable Projects Exhibit
Interested in getting unlimited access to our full 250+ library of agreements and forms?
Visit the link below to learn more: https://shop.aiacontracts.com/unlimited-subscription
October 12, 2023
Sustainability-focused projects often come with increased risks due to their complex requirements. Fortunately, project teams can mitigate these risks by utilizing a Sustainability Plan, a structured framework that establishes clear objectives, responsibilities, and deadlines to ensure successful sustainable outcomes.
What Is a Sustainability Plan?
A Sustainability Plan is a concise but essential risk management tool that serves as a roadmap for achieving defined Sustainable Objectives. It clarifies roles and responsibilities, outlines key deadlines, and helps prevent legal and operational issues that have historically led to disputes in sustainable construction.
How Does a Sustainability Plan Fit Into Contract Documents?
For projects pursuing sustainability, a useful starting point is the D503–2020 Guide for Sustainable Projects. Originally released in 2011 and updated in 2020, this guide provides essential context and contract documentation support for projects with sustainable goals.
Using D503 as a foundation, teams typically begin with the B101-2017 Owner-Architect Agreement, where the Owner and Architect formally establish the Sustainable Objective. If the parties agree on sustainability goals, they incorporate the E204-2017 Sustainable Projects Exhibit, which provides contractual structure to these objectives.
Since Sustainable Objectives vary by project—often involving third-party certifications or compliance with government incentives—clearly defining them upfront ensures alignment among all stakeholders.
Under E204, the Architect must conduct a Sustainability Workshop to clarify project specifics. Based on the workshop’s findings, the Architect develops the Sustainability Plan, which formally documents the Sustainable Measures required to achieve the Sustainable Objective.
Notably, E204 defines the Sustainability Plan as a Contract Document (Section 1.2.3), integrating it into the legal framework of the project. This formal inclusion ensures accountability and reinforces the importance of meeting sustainability goals.
The Role of a Sustainability Plan in Risk Management
The true strength of a Sustainability Plan lies in its ability to:
- Define each step (Sustainable Measure) required for project success
- Clearly assign responsibility for each task
- Ensure that the responsible party is best positioned to execute the task effectively and mitigate associated risks
What Makes a Strong Sustainability Plan?
A Sustainability Plan should function like a puzzle, assembling all necessary components to achieve the Sustainable Objective. While some narrative explanation is required, the bulk of the information is often organized in a chart or spreadsheet format.
Since every project is unique, a Sustainability Plan should always be tailored to the specific project rather than relying solely on templates. Key elements of a well-structured Sustainability Plan include:
- Sustainable Objective – The primary goal of the project
- Sustainable Measures – Specific actions required to meet the objective
- Implementation Strategies – Plans for executing each Sustainable Measure
- Roles and Responsibilities – Assignments for the Owner, Architect, and Contractor
- Verification Methods – Metrics, testing procedures, and design reviews
- Documentation Requirements – Necessary paperwork for compliance, third-party certification, or government incentives (if applicable)
Best Practices for Drafting a Sustainability Plan
- Use a Numbering System – Given the technical nature of Sustainability Plans, numbering Sustainable Measures improves clarity in workshops, correspondence, and documentation.
- Break Down Sustainable Measures – Each Measure should be detailed enough to specify responsible parties and ensure precise execution. The D503 Guide provides useful templates for structuring these components.
- Outline Testing & Verification Methods – Clearly document the types of testing required, responsible parties, and verification processes. If third-party certifications or government incentives are involved, ensure that regulatory deadlines and compliance steps are explicitly outlined.
Below is a sample structure for a Sustainability Plan template:
Conclusion
A well-structured Sustainability Plan is a crucial risk management tool that provides a clear, legally binding roadmap for achieving sustainable project goals. By formally integrating the Sustainability Plan into the project’s Contract Documents, all stakeholders are held accountable for their roles and responsibilities. When carefully drafted and tailored to the project, a Sustainability Plan ensures smoother execution, reduces risk, and supports the achievement of meaningful sustainability outcomes.
Nicole DeNamur is an attorney and sustainability consultant, based in Seattle, WA. Her company, Sustainable Strategies, helps clients identify and manage the risks of sustainable innovation so they can pursue robust sustainability goals. She is also an award-winning contributing author and has developed and taught graduate-level courses at the University of Washington and Boston Architectural College. Nicole was named Educator of the Year by the International WELL Building Institute, and Sustainable Strategies hosts an online course, Accelerated WELL AP Exam Prep.
AIA Contract Documents has provided this article for general informational purposes only. The information provided is not legal opinion or legal advice and does not create an attorney-client relationship of any kind. This article is also not intended to provide guidance as to how project parties should interpret their specific contracts or resolve contract disputes, as those decisions will need to be made in consultation with legal counsel, insurance counsel, and other professionals, and based upon a multitude of factors.