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Short answer: A 2009 Architectural Record report described Atlanta-based Energy Ace offering to refund its LEED administration fee if a project did not obtain certification. That was not a promise to reimburse every cost caused by a failed certification attempt. The report specifically distinguished the fee refund from losses such as missed tax credits, and it noted that subcontractor conduct and other factors could remain outside the consultant’s control. The article does not establish that the offer, its wording, or its availability continued after 2009.
What the reported guarantee was
The headline refers to a historical offer, not a verified current product. On August 27, 2009, Architectural Record reported that Energy Ace, an Atlanta-based consulting firm, would tie part of its compensation to a project’s LEED certification outcome. The described remedy was narrow: if certification was not obtained, the firm would refund its LEED administration fee.
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The report presented Energy Ace as supervising several parts of the certification effort:
- LEED administration from the beginning of the process through completion;
- fundamental commissioning; and
- energy modeling.
It also described the consultant as taking control of the LEED process while acknowledging that some conditions affecting certification could not be controlled by the consultant. The 2009 article is the evidence for the offer. It is not a current contract, a current service page, or proof of present-day eligibility, geography, pricing, or availability.
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What Energy Ace reportedly promised—and what it did not
| Question | What the 2009 report says | What the report does not establish |
|---|---|---|
| Who made the offer? | Energy Ace, described as an Atlanta-based firm. | Whether the firm still makes the offer or serves the same locations. |
| What work was included? | LEED administration, fundamental commissioning, and energy modeling, with the consultant supervising the process. | The exact modern scope, staffing, deliverables, or LEED edition. |
| What triggered payment back? | A refund of the consultant’s LEED administration fee if certification was not obtained. | A refund of construction costs, redesign costs, financing costs, incentives, or other project losses. |
| How broad was the protection? | Limited to the administration fee, according to the quoted statement. | An unconditional guarantee covering every reason a project might fail. |
| How long could certification take? | Energy Ace president Wayne Robertson said, “The process can take two to three years.” | A current schedule for any project or certification program. |
| How many projects were mentioned? | 97 projects complete or in progress at the time of the report. | A current portfolio count or present performance rate. |
How the reported contract process worked
The article described a sequence intended to make sustainability decisions part of the project agreement rather than an afterthought. It did not publish a full contract, so the sequence below reflects the report’s description, not a template you can assume applies today.
- Contract first. Energy Ace entered into a contractual agreement with clients before managing the certification effort. The contract was the place where the parties could define services, fees, responsibilities, and the proposed remedy.
- LEED charrettes. The parties then held charrettes focused on sustainability measures. These sessions were used to identify the measures the project would pursue.
- Agreement on the measures. The participants agreed on the selected sustainability measures. That agreement matters because a consultant can coordinate a plan, but the owner, design team, contractors, and trades still have to implement the work.
- Administration and technical support. Energy Ace supervised LEED administration and also provided or supervised fundamental commissioning and energy modeling. The report characterized this as control of the process from beginning to end, subject to outside factors.
A prospective client should therefore distinguish a promise to manage paperwork and coordination from a promise that every design, procurement, installation, and site decision will produce the required certification result.
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What “money back” meant in practice
Chris Cheatham, identified in the article as a LEED AP and construction law expert, stated: “Energy Ace has stated it would refund its LEED administration fee if certification is not obtained.” That sentence defines the reported economic remedy more precisely than the headline does.
The fee refund is a limited form of risk sharing. If certification failed, the client could recover the administration fee described in the arrangement. The client would not automatically recover every expense incurred while pursuing certification. The article used lost tax credits as an example of a loss for which Energy Ace would not be liable.
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That distinction is important because a certification decision can affect a project’s financing assumptions, incentives, leasing strategy, marketing plans, or schedule. A refund of one consulting fee may be useful, but it may be small compared with those downstream consequences. Unless a contract expressly says otherwise, a reader should not treat “money back” as insurance for consequential losses.
Why the guarantee was not unconditional
The report identified subcontractor conduct on the jobsite as one factor that could affect certification even when the consultant managed the process. A subcontractor may install a product differently from the approved design, fail to provide required documentation, or miss a commissioning-related obligation. Those events can interfere with a certification submission without proving that the consultant mishandled administration.
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Cheatham explained the legal effect of limiting the remedy: capping the amount owed limits the firm’s potential liability and risk. In other words, the arrangement could make the consultant responsible for returning its fee while protecting it from a much larger claim for tax benefits or other project losses.
When reading any guarantee, separate three questions:
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- Outcome: Is the promise certification at all, a particular rating or level, or only competent administration?
- Control: Which decisions must the consultant make, and which remain with the owner, designer, general contractor, subcontractors, suppliers, or occupants?
- Remedy: Is the remedy a fee refund, a capped credit, corrective work, or payment of broader damages?
A guarantee that does not answer all three questions can sound broader in marketing language than it is in the contract.
Timeline and project-count context from 2009
Wayne Robertson, identified as Energy Ace’s president, said, “The process can take two to three years.” That quotation describes the process in the article’s 2009 context. It should not be used as a universal timetable for a current project: duration depends on the project’s design and construction sequence, documentation, commissioning work, and the certification review itself.
The same report cited 97 LEED projects complete or in progress. That is a contemporaneous figure, not a current portfolio count. It can show the scale Energy Ace claimed or was reported to have reached at that time, but it cannot establish how many projects the firm has today, how many received certification, or what success rate a future client should expect.
How to evaluate a LEED guarantee today
The historical example is useful as a checklist, not as a current offer to buy. Before signing any modern consulting agreement, put the following items in writing. These are practical questions for evaluating a contract; they are not additional terms attributed to Energy Ace.
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| Contract area | Questions to ask | Why it matters |
|---|---|---|
| Certification outcome | What exactly is promised: submission, review support, certification, or a specified level? What counts as “not obtained”? | A consultant can complete an application without promising the reviewing body’s final decision. |
| Scope of services | Are administration, charrettes, commissioning, energy modeling, site visits, documentation, and responses to review comments included? | Unlisted tasks may become change orders or client responsibilities. |
| Project stages | Does the engagement run through design, construction, closeout, and final review? What happens if the schedule changes? | A gap between design and construction can leave nobody responsible for evidence or corrective action. |
| Exclusions | Which owner, designer, contractor, subcontractor, supplier, site, or occupant actions can void the promise? | Those conditions often determine whether the consultant can actually control the result. |
| Remedy and cap | Is the remedy a refund of the administration fee? Is there a dollar cap, and does it include other services? | “Money back” may cover only one line item rather than the full consulting fee. |
| Consequential losses | Does the agreement exclude tax credits, incentives, financing effects, delay costs, lost revenue, or redesign expense? | These losses may exceed the fee by a wide margin and were expressly distinguished in the historical report. |
| Evidence and notice | What records prove that the client met its obligations, and how quickly must a failed outcome be reported? | Clear records and deadlines reduce disputes over whether a condition was satisfied. |
Questions to ask before signing
For owners and developers
- Which certification target is written into the agreement, and is the target feasible under the approved budget and design?
- Who pays for additional modeling, testing, documentation, or corrective work if the first submission is unsuccessful?
- What happens to expected incentives or tax benefits if certification is delayed or denied?
- Can the consultant terminate or disclaim responsibility when another project participant changes a specified material or system?
For contractors and subcontractors
- Which submittals, product data, installation records, and commissioning activities are required?
- Who reviews documentation before it is submitted, and how are deficiencies corrected?
- Does the guarantee impose any flow-down duties or liability on trades that are not parties to the consultant’s contract?
For consultants
- Are the client’s responsibilities and the project’s assumptions stated with the same precision as the consultant’s promise?
- Is the fee refund the exclusive remedy, and is that limitation conspicuous in the signed agreement?
- How will changes in scope, schedule, LEED requirements, or ownership affect the guarantee?
Common misunderstandings to avoid
“Certification failed, so every project cost is refundable.”
No. The reported remedy was the LEED administration fee. The article specifically gave lost tax credits as an example of a loss outside Energy Ace’s liability.
“The consultant controlled every jobsite decision.”
No. The article said the firm took control of the LEED process while noting that subcontractor conduct and other factors could remain outside its control.
“The 2009 offer proves the service is still available.”
No. A trade-publication report from 2009 cannot verify current terms, service area, project eligibility, or whether the offer still exists. Obtain a current written proposal and contract directly from any consultant you are considering.
“Two to three years is a guaranteed schedule.”
No. Robertson’s statement was a description of how long the process could take in the article’s context, not a promised completion date for every project.
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How to document responsibility during the project
A fee-refund guarantee is easier to administer when the project team keeps a single responsibility record. At each design and construction milestone, identify the sustainability measure, the person responsible for implementing it, the evidence required, and the date that evidence is due. Record substitutions, rejected submittals, field changes, and commissioning issues as they occur rather than waiting for final certification review.
This record does not expand a consultant’s guarantee. It helps determine whether a missed requirement resulted from administration, from a project participant’s decision, or from a condition the contract excluded. It also gives the owner a factual basis for deciding whether to pursue correction, a fee refund, or another contractual remedy.
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Bottom line
The headline’s “money back” referred to a specific, limited promise reported in 2009: Energy Ace would refund its LEED administration fee if certification was not obtained. The reported services also included fundamental commissioning and energy modeling, but subcontractor conduct and other external factors could affect the result. The arrangement did not cover losses such as missed tax credits, and the article does not establish that the offer remains available. Treat it as a historical example of a capped consulting remedy, then require any current consultant to define the certification outcome, exclusions, responsibilities, and remedy in a signed contract.
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