Review Appeal

31 replies [Last post]
Project Manager C2 Design Architecture Mar 01 2011 LEEDuser Member
247 Thumbs Up
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We recently had our final design review returned from the GBCI review team. We were denied a credit and our mechanical engineer says he'll need some time, beyond the 25 days to respond. He mentioned that design teams were able to ask for a 90 day extension. I do not remember this at any point and have not found any documentation on the GBCI website related to this matter. Can someone else out there please confirm that this extension exists or confirm my belief that it doesn't exist.

Thanks,

C2

31 Comments

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Emmanuel Pauwels Owner Green Living Projects s.l.
Sep 20 2014
LEEDuser Member
2289 Thumbs Up

changes in appealed credit

Project Location: Belgium

We have appealed the EAP2 credit succesfully in design phase. Now we are ready to submit for the construction review, but there are some changes in the EAP2 credit. How should we proceed? Shall we submit again this credit in the preliminary construction review or do we need to appeal again?

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Veronica Reed Founder SDSARCH CIA. LTDA.
Jun 19 2014
LEEDuser Member
233 Thumbs Up

Final review appeal for credit EAc1, new energy model

Hello

We just received the final review report and despite being awarded 31 credits in all categories besides Energy and Atmosphere, we were denied certification since our energy modeling and results were not accepted and did not comply with EAPre-req 2 and the 2 points for EAc1 required as pre-requisites.
The engineer in charge of the energy modeling did not do a good job in complying to the energy modeling requirements, and is not collaborating with our team to solve these issues during the appeal process. We need to perform a new energy model of the building with another professional in order to be able to show the savings the building is actually having, and to comply with all modeling requirements. Can we submit a new energy model during the appeal?, or at least the same modeling but correcting all issues that were identified by the reviewer?
Would appreciate any comments or suggestions. The project is registered for LEED v2.2

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Regina Ng
Mar 13 2014
LEEDuser Member
1047 Thumbs Up

Review Appeal

Hi, You can ask for extension. Go to http://www.gbci.org/org-nav/contact/Contact-Us/Project-Certification-Que.... On the "How can I help you?", you can select for project review extension. I have requested for extension before with no problems.

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Regina Ng
Mar 13 2014
LEEDuser Member
1047 Thumbs Up

Appeal with a new credit

Hi, like to check if I am already at my final construction review and I want to appeal with a new credit that had not been submitted previously at all, is that possible? Below is the answer I found on GBCI FAQ. Can I interpret this as a Yes, that I can appeal with a new credit even at the final construction review stage. I would like to appeal with Green Power which would not be influenced by the design or construction that had already been completed. Thanks

Q: How can I appeal a denied credit or prerequisite?

A: Any denied credits can be appealed either after the final design review or after the final construction review. New credits can be attempted and submitted during the initial review or through the appeal process.

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Chinthaka Jagodaarachchi
May 22 2013
Guest
102 Thumbs Up

Resubmit After Dening

Hi..
I have got a design credit denied in design final review after submitting clarifications to the design preliminary review comments.
since we failed to demonstrate the credit compliance, project team did a design change and a documentation change and resubmit the credit during construction preliminary submission without appealing.
But review team has replied saying we have to appeal for the credit as it was previously denied after receiving two full rounds of review during the Design Preliminary and Design Final Review.
Is this right? My understanding was if we are doing a design change or documentation change, we can resubmit denied design credits during construction submission without appealing. please advise.

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Jim Park Project Manager, EAN Technology May 23 2013 Guest 412 Thumbs Up

CP review deals only CP credits. You need to submit appeal for the denied design credit. By the way I have had updated an already anticipated DP credit during CP, and it wasn't a problem.

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Eirini Matsouki Atkins
Nov 30 2012
LEEDuser Member
325 Thumbs Up

Appeal submitting period

hi there,
one of our porjects is been denied a pre-requisite (EAp2) during the final design review and hence the project has entered the appeal process (enetring the 'design appeal review' - within 25 days from the final design review). Does anybody know how many days does the team have to submit for the appeal review?
is it 25 working days from the day we 'appealed' (i.e. pressed the 'appeal' button?)
thank you
rgds,
eirini

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Susann Geithner Global Sustainability Manager, Predictive Service Dec 05 2012 LEEDuser Member 11818 Thumbs Up

It has been a while since I submitted an appeal. So here are the official rules as of today. http://bit.ly/11G51yD

You have 25 days form the day your received the final review results to submit your appeal and for that you need your documentation ready to go for submission.

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Liz Valdez Energy Project Consultant Liz Valdez Consulting
Feb 15 2012
Guest
101 Thumbs Up

Prereq denied based on review team misunderstanding

I just got my final review comments back for my project and EAp2 was denied. As a result, we didn't get any energy credits and we did not get certified.

The problem I am facing is that the review team is misinterpreting the DOE-2 report. As a result, they are saying our energy cost savings cannot be substantiated.

The review comments state that “the demand, energy consumption, and energy cost values listed in the (EAP2) form significantly vary from the DOE-2 summary reports”. They specifically cite an example: the EAP2 form shows 8,920 kWhA kilowatt-hour is a unit of work or energy, measured as 1 kilowatt (1,000 watts) of power expended for 1 hour. One kWh is equivalent to 3,412 Btu./yr for lighting, whereas the DOE-2 report shows only 1,053 kWh/yr.

The reason why the number on the EAp2 form is so much higher is because it accounts for conditioned and unconditioned space. The DOE-2 report only reflects the conditioned space, a small percentage of the entire building. (I double checked this by calling EnergySoft.)

Any insights on how to make sure my appeal is successful?

Any chance I can get the appeal cost waived?

Thanks,

Liz

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Romano Iglesia LEED BD+C O+M, Carde Ten Architects Feb 15 2012 Guest 986 Thumbs Up

In most cases, you would come up with new documentations based on the 'However' and the 'Technical Advice' given by the Reviewer during the preliminary report. If you present otherwise, you would have to convince the Reviewer that you know better and you can't accomplish this using the same argument or documentations. If you file an appeal, be sure that you are trying to follow faithfully the technical advice given by the Reviewer even if it does not make sense. In the end, if you convince him you are trying to do what he ask, you may still get denied of the appeal but get a response why you did. Then you can appeal again but this time provide an entirely new argument and a convincing narrative. If the Reviewer gets confused, he'll say No.

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Nena Elise
Jan 25 2012
LEEDuser Member
3549 Thumbs Up

Can you submit Design Appeal after Construction?

On one of my projects we where only awarded 14 out of the 17 points we antcipated for EAc1. Our energy modeler caught a mistake in his model that caused it to show less % reduction that there acutally is. Is it possible to submit the appeal of this design credit after our construction review? Rather then spend the $500 to earn 3 points we may or may not need depending on how we make out on our construction credits?

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Emily Catacchio Sustainability Specialist, Wight and Company Jan 25 2012 Guest 7802 Thumbs Up

I believe that once you accept the design review, the button to choose an appeal disapears until the construction review. I am not sure if when it reappears during construction review if you can submit an appeal for a design credit. 

I would suggest contacting GBCI directly on this one. Just give them a call, they are usually prompt and helpful.

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ERIC WANG Apr 22 2013 Guest 10 Thumbs Up

I have the same concern that I want to wait for the construction review to decide whether I need to appeal design credit EAc1. If construction review makes out enough credits,we do not need to spend $800 and simulation cost for appealing more points from EAc1.
Hence, I sent the query to GBCI,"can we submit design appeal after construction submittal or during construction appeal? ". The GBCI answer is: "The credit can be submitted during the design appeal phase".
Does this mean design credit can not be appealled after construction review?

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Sara Greenwood Green Building Consultant, Cadmus Group Nov 11 2013 Guest 84 Thumbs Up

I have the same question- has anyone been able to submit a design credit for an appeal during the construction credit submittal process? Any progress since this conversation started last spring?

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Kathryn West LEED AP BD+C, O+M, Green Globes Professional, Guiding Principles Compliance Professional, Energy Ace Nov 11 2013 Guest 3458 Thumbs Up

I would think that you could. It's more revenue for the reviewers, after all....

This isn't super helpful but some more information:

I notice during my construction review that I have an option to submit previously-reviewed design phase credits. Next to each credit there is an option to select that the credit is being resubmitted due to a 1) design change or 2) a documentation change. I would guess that if you select the "documentation" one you could find out whether it's allowed. Something will pop up prompting you that it's not allowed or that you need to pay an appeal fee. Just have to be careful not to submit for construction review accidentally! as long as you don't enter your card information you should be safe. I would think you could still submit it you just have to pay the appeal fee.

The answer is probably somewhere in the Certification Policy Manual http://www.usgbc.org/sites/default/files/Jan2012_Cert_Policy_Manual_0.pdf

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Daniela Castro Salgado LEED AP BD+C / Architect Edmonds International Ltd
Sep 08 2011
Guest
700 Thumbs Up

denied credits in Preliminary Design Review

Two questions:
1. If a credit is noted as "denied" in the preliminary dsign review, will it stay denied even if we submit clarifications for the final design review or preliminary construction review?
2. Can a credit marked as denied in the preliminary design review be deferred for the construction review?

Thank you for your help!

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Keelan Kaiser Architect and Educator, Serena Sturm Architects and Judson University Sep 20 2011 LEEDuser Member 970 Thumbs Up

I have the same question. Can a denied prereq. or credit in design review be attempted again in the construction review?

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Susann Geithner Global Sustainability Manager, Predictive Service Oct 10 2011 LEEDuser Member 11818 Thumbs Up

I have asked that question in the GBCI staff at the Greenbuild to make sure I'm giving you the correct answer. If your credit/prerequisite is denied after the design review, when you will have to appeal it. So except of clicking accept review, you click enter appeal phase. You can appeal the credit directly after the design review or after construction review.
You will have to appeal each credit or prerequisite separately unless they are related and the reason for denial is the same.

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Craig Flandermeyer Oct 31 2011 LEEDuser Member 95 Thumbs Up

Susann - is it correct to assume that you are referring to denied after final design review? Can a credit denied in preliminary design review be corrected for consideration in the final design review?

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Susann Geithner Global Sustainability Manager, Predictive Service Nov 01 2011 LEEDuser Member 11818 Thumbs Up

Yes. I mean a denied credit after final design review has to go through the appeal process. If your credit is denied after preliminary review you can correct it and submit for final review.

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Udana Ratnayake Dec 26 2011 Guest 1005 Thumbs Up

Susann when appealing do we need to stick to the same design or should we incorporate changes to the design as requested by the original reviewer?
in our case we have the EAp2 denied due to not supplying fresh air to a corridor space. even though we submitted comments justifying our design after the initial review, the prerequisite was denied in the final design review. now we have decided to go for the appeal stage. my question is should we go ahead with the appeal without any design change or should we supply fresh air to the corridor as requested by the reviewer and then move ahead with the appeal? thanks in advance.

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Susann Geithner Global Sustainability Manager, Predictive Service Jan 03 2012 LEEDuser Member 11818 Thumbs Up

Udana, This sounds more like IEQ P1 than EA P2.
Anyway, yes you can incorporate changes in the design for your appeal submission. Just be careful to not also impact other credits with it. You may otherwise have to reopen and resubmit them too.
n a side note, having fresh air supply for the corridor is required for the most part with a few exceptions. You have an engineered system and prove (analysis, calculation, model) that enough fresh air will be delivered to the corridor. You can also now use the ACPs for international projects, which allow you to use European Norms in order to show compliance with IEQ P1.
Good luck with the appeal

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bayard fenwick
Sep 06 2011
Guest
69 Thumbs Up

Expedite the Appeal Proccess?

I submitted two formal appeals and am being told it will be 2-4 weeks before we receive a go/no-go from the LEED review team. Is there a way to expedite the final appeal process by paying an additional fee?

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Susann Geithner Global Sustainability Manager, Predictive Service Sep 07 2011 LEEDuser Member 11818 Thumbs Up

Yes, there is a expedited appeal, but you have to ask for availability 10 days before you submit an appeal. It's all detailed in the GBCI's certification policy manual. if this is for EA P2 or EA c1 then you will most likely not have any luck since the GBCI's capacities in that area aren't that good. http://bit.ly/q7cavH

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Valentin Grimaud Thermal Engineer, TERAO Green Building Engineering Mar 29 2013 LEEDuser Member 1017 Thumbs Up

Hi Susann,

Do you know how many days will it take for an experdited rivew ?

Thanks!

shasha

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Pablo Fortunato Suarez Principal ESD Consultant/Architect GreenArc Sustainable Building & Architecture
Apr 25 2011
Guest
3015 Thumbs Up

Appeal for 'dependent' credits

The project is under EBOMEBOM is an acronym for Existing Buildings: Operations & Maintenance, one of the LEED 2009 rating sytems. v3. We intend to appeal a credit - EAc2.1 - On-going Commissioning - Investigation and Analysis. As per reviewers' technical advise, EAc2.2 On-going Commissioning - Implementation seems attainable but was denied since it is dependent upon the EAc2.1 being awarded.

Question:
Do we need to submit an appeal for both credits (EAc2.1 and EAc2.2) or is it right to assume that we only need to appeal EAc2.1 and that EAc2.2 shall be awarded once EAc2.1 has been awarded?

Hoping for some advise,
Pabs

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Tristan Roberts LEED AP BD+C, Editorial Director – LEEDuser, BuildingGreen, Inc. May 19 2011 LEEDuser Moderator

Pabs, if the reviewer indicated that the EAc2.2 documentation looked fine, then I would say it would be automatically attained as long as EAc2.1 is successfully appealed.

However, since appeals are on a credit-by-credit basis, I would check with your reviewer on this.

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Susan Walter Sr Project Architect Wilmot/Sanz
Mar 01 2011
LEEDuser Expert
15022 Thumbs Up

extensions

You may request an extension. Call or email the GBCI through their website and make your request. Good Luck.

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Susann Geithner Global Sustainability Manager, Predictive Service Apr 25 2011 LEEDuser Member 11818 Thumbs Up

You can submit the appeal through LEED Online. You would only submit the credit, which wasn't awarded. So check only that one. The dependent credit will be awarded, if your appeal went through and is approved. But in your reply and response you should mention, that there is another credit depending on it.
Also make sure to check for an email from the GBCI in regards to the review team assigned to your case, after you submit for an appeal. Usually it takes about 5 days until you get the email and the 25 days start from there. But the GBCI is very busy at the moment. I'm seeing delays of 2-4 weeks right now in our projects.

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Pablo Fortunato Suarez Principal ESD Consultant/Architect, GreenArc Sustainable Building & Architecture Apr 25 2011 Guest 3015 Thumbs Up

Thanks for your advise Susan.
regards,
Pabs

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Marcio Alberto Casado Pereira Feb 12 2014 LEEDuser Member 3504 Thumbs Up

Hi Susann,

Just catching from your answer on "dependent" credits. What if the dependent credit is in a master site and there are other buildings associated with this master site seeking such credit? For instance, we got the final review decision on one of the 4 buidings (P10) we submitted associated with a master site. The comitte denied MRc2 and its exemplary performanceIn LEED, certain credits have established thresholds beyond basic credit achievement. Meeting these thresholds can earn additional points through Innovation in Design (ID) or Innovation in Operations (IO) points. As a general rule of thumb, ID credits for exemplary performance are awarded for doubling the credit requirements and/or achieving the next incremental percentage threshold. However, this rule varies on a case by case basis, so check the credit requirements. (IDc1.2), which we pursued via master site. On the meanwhile, the result of P10 was published and they denied MRc2 and IDc1.2 (its exemplar performance) for this building! Aren't they supposed to wait for the result of the master site appealing before publishing the final result on P10??? How many fees the client will have to pay? MRc2-IDc1.2 count as one fee or two? Is it necessary to pay a fee for P10 as well since this building depends on the result of the master site?

Thanks!

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