Building Green - A New Era In Legal Issues

It's true that the law of Building Green is in an infant stage. However, like most everything else, once disagreements or complaints of dissatisfaction emerge, litigation will soon follow. Consider, certain criteria must be met before a construction project can be considered Green and thus qualify for government incentives (if offered). But what happens when an owner finds out that his investment is not certified at the agreed upon LEED rating? Both builders and owners have to carefully consider the language in their building contract so that it is clear who is responsible for meeting LEED ratings.

Indeed, Green business risks are real but largely unexplored. Currently, we are still awaiting the court's input on issues pertaining to Green Building, but it is clear that design professionals and all construction project stakeholders must consider all of a green project's ramifications when negotiating their contracts or even weighing whether to participate on the job in the first place.

Some Green Building issues that should be considered include: drafting construction and design contracts that incorporate green building standards; knowledge of all local building and zoning regulations and securing the necessary approvals; securing public financing, if available; negotiating with insurance and financial institutions and resolving disputes over projects that fail to achieve their certification goals.

Of course, consultation by a licensed attorney familiar with these issues is paramount in avoiding future disputes regarding Green Building.