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LEED Certification Agreement and other legal matters

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What is the LEED Certification Agreement?

The certification agreement is a legal agreement between the LEED project Owner and GBCI defining the rights and responsibilities of the parties with respect to LEED certification.

How is the LEED Certification Agreement signed?

The certification agreement is automatically created when the project is registered and cannot be changed or replaced. The individual who registers the project signs it (digitally) during the registration process.

Who can sign the LEED Certification Agreement?

Ideally, the LEED Certification Agreement should be signed by a project Owner’s Representative (see definition below), but more typically it is signed by a member of the LEED project team who will need to be designated as an Agent’s Representative (see definition below). In such cases, Confirmation of Agent’s Authority Form must be completed and uploaded to LEED Online. The Confirmation of Agent’s Authority Form is available in LEED Online and in the Resources section of our website.

What is an agent?

An agent is a person or entity who agrees to represent another person or entity, called a principal. In the context of LEED project certification, the Project Owner, usually an organization, is the principal, and the organization for which the Agent's Representative works is the Agent. The Agent's Representative is, usually, the individual that registers the project and, therefore, signs the Certification Agreement. An agent can only act on behalf of a principal for certain issues (depending on the agreement).
If the agent leaves a project team, a new consultant does not become the agent, nor does a new agent need to be designated.

What is the difference between the Project Owner, Owner’s Representative, and the Owner’s Agent?

The following definitions apply specifically for the purposes of LEED® project certification:

  • The Project Owner is defined as the entity that holds the legal right to possess and control the real property comprising a particular LEED registered project. In the case of a CI project, this may be the tenant.
  • The Owner's Representative refers to an Employee OR Officer of the Board of Directors OR any Board Member who has been authorized to enter into binding contractual agreements on the Owner’s behalf. Please note: this is the definition of an Owner’s Representative within the limited context of the LEED® certification process, and as such, is distinguishable from the broader, Owner’s Representative designation as used in the construction industry to describe an individual tasked with controlling the design and development process while protecting the best interests of the owner. Please also note that the statement "any officer or employee of the Owner or Owner Organization who has been authorized to enter into binding contractual agreements on the Owner’s behalf " does not apply or refer to the Owner’s Agent. That only refers to officers or employees of the Owner organization.
  • The Owner’s Agent refers to the organization whom the Owner has authorized to perform limited and specific tasks on the Owner’s behalf during the LEED® certification process. And the Agent's Representative refers to the individual(s) authorized to enter into binding contractual agreements on behalf of the Agent organization.

How can I change the owner's representative?

We can change that for you upon request. If the new representative does not have a domain name that identifies him/her as having a relationship with the owner organization, please state their relationship.

The Owner's Representative may only be an Employee OR Officer of the Board of Directors OR any Board Member who has been authorized to enter into binding contractual agreements on the Owner’s behalf.

See the definition of an Owner’s Representative above.

What is the purpose of the Confirmation of Agent’s Authority form in LEED Online?

The reason for a Confirmation of Agent Authority is to validate the Certification Agreement when it is signed by someone other than the owner. It provides proof that the owner accepts the conditions in the Certification Agreement.

The Confirmation of Agent’s Authority form (“Agent Form”), allows a Project Owner to designate a project team member (the “Agent's Representative”) to accept the Certification Agreement. As a result, regardless of the identity of the person physically or digitally accepting the Certification Agreement, the Owner is bound by the terms contained therein.

Where can I find the legal forms?

The most commonly used legal forms can be found on the right-side menu of the Details tab of registered projects in LEED Online. You can also follow the links below to access these forms:

Do I have to submit an Agent Form if I am not the Project Owner?

If you signed the Certification Agreement on the owner's behalf, yes, an Agent Agreement is necessary. If the Owner does not sign the Certification Agreement, GBCI does require whoever did so for the Project Owner to provide a fully executed Agent Form.

How do I submit a completed Agent Form to GBCI?

Once the Agent Form has been completed, it can be uploaded directly into LEED Online via the link on the right hand side of the Details tab of the project in LEED Online.

Please note: the Agent form can be submitted at any time prior to the project team’s acceptance of certification; however, forms submitted should be dated to match the Certification Agreement’s acceptance timestamp. This serves to confirm the Agent’s authority to accept the Certification Agreement on the Owner’s behalf at the time it is accepted, and further documents the Owner’s consent to be bound by the Agent’s actions, regardless of whether those actions were taken before the Agent form was submitted to GBCI.

Will GBCI sign Non-disclosure Agreements for teams with confidentiality concerns?

GBCI does not sign independent non-disclosure agreements, however, as explained in section 9 of the Certification Agreement "GBCI shall not distribute or publish any submitted plans, drawings or schematics pertaining to any project without Your express written permission except to GBCI’s employees, agents, representatives and subcontractors for the purpose of assessing the relevant Project."

If you have concerns about the Certification Agreement, you may submit generic questions, or if you contact us we would be happy to schedule a phone call if that better suits your needs.

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