SF At The Forefront In Green Building...Again

San Francisco took a major step to cement its reputation as the most environmentally progressive city in the United States. The new law creates more stringent green building codes for new construction and renovations of existing structures in the city. The new codes focus on water and energy conservation, recycling and reduction of carbon emissions. They apply to most buildings in the city, including residential projects of all sizes, new commercial buildings over a certain size, and renovations of large commercial spaces.

Read more about SF's new law at http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/08/05/BADQ1250K9.DTL&feed=rss.bayarea

Legal Considerations when Building Green

With the boom in greening our planet in full swing, it is always beneficial to consider the potential potholes that may form. Like any other new industry, courts have yet to set the legal ground rules for the green construction industry. In other words, very little case law has been created that addresses building green legal disputes. Yes, of course there are legal issues, after all, the court system is typically where Americans settle disputes! With that as a backdrop, let's consider some important legal issues that a lawyer should consider when serving a client that is interested in building green.

First, Negotiate and draft contracts that specifically set forth the role that each of the project's stakeholder’s will play in ensuring that the desired Certification is accomplished. Also, specifically set out the allocation of responsibility that each stakeholder will have. The contract must include language setting forth the party responsible for tracking, collecting, assembling and submitting supporting documentation. You never want to be in a position where Certification is denied simply because the documentation was not turned in. Also, architects and engineers have to be careful not to trigger an exclusion in their professional liability policy. In that regard, design professionals must insist on contract language that clearly indicates their signing of credit submittal templates is solely for the purpose of satisfying the Certification requirements and does not constitute any type of warranty or guarantee.

Second, insist on design professionals and consultants that have experience and knowledge of green construction. Having an architect that has designed other green projects and is therefore familiar with sustainable design, green building rating systems, and the corresponding certification process will save headaches in the end.

Third, specify in the contract the specific green materials, systems, and products whose ability to deliver the necessary level of green performance can be verified. Remember, many states and local governments offer financial incentives for green projects that reach certain certification levels. A good contract will avoid a situation in which the project owner sues the architect for delays that were caused by the architect's failure to inform the owner that product delivery delays were a possibility. Or even worse, the completed project fails to meet the desired certification level because the chosen products do not deliver on their promise to "greenify" the environment.

Fourth, become an expert (or at least very knowledgeable) of the existing state and local laws, that either mandate green building standards or offer incentives for compliant projects.

Lastly, be aware of the new construction challenges in building green. Be mindful of extra time, delays and upfront expenses that might arise. stakeholders should consider these potential problems when evaluating proposed schedules and budgets and negotiating the terms of their contracts.

L.A. Laws Helping To Curb Pollution

It appears that Los Angeles' aggressive pollution control laws are working. It's just a matter of time before the benefits of such laws encourage all cities to follow. Check out this site for more information: http://www.green.yahoo.com

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.

Green Interest

Hi. I'm an attorney in Chicago, Illinois. I concentrate my practice in defending individuals and entities in Tort Litigation. Now what exactly does that mean? Well when somebody feels as though they have been injured, be it personal injury or a contract dispute, typically a lawsuit is filed. Well my firm defends the person/entity being sued.

I have taken an interest in the law surrounding Building Green. This is a relatively young area of the law with little or no court guidance as of yet. However, once litigation begins over contract disputes arising from LEED Certification or any number of promises that arise from building green, this field will begin to define itself.


I hope this blog will serve as an informative space for people interested in the legal developments in building green.

Why Build Green

The topic of Building Green is slowly emerging as an important trend in construction. Why, you ask? Well, with the recent influx of information showing just how wasteful we are and what damages are caused to the environment by this wastefulness, many State and local governments are taking notice. According to the United States Green Building Council, in the United States buildings account for: 65% of electricity consumption, 36% of energy use, 39% of greenhouse gas emissions, 30% of raw materials use, 30% of waste output (136 million tons annually), and 12% of potable water consumption. Check out the USGBC web site for more info: http://www.usgbc.org/ In fact, the U.S. DOE Buildings Energy Data Book reveals that buildings represent 39% of U.S. primary energy use. Buildings in the U.S. also represent 70% of U.S. electricity consumption. Yikes! If that's not reason enough to begin exploring the benefits of Building Green than I don't know what is!

Disclaimer
This blog site is published by and reflects the personal views of Roger R. Ochoa and not the views of his employer or clients and is not sponsored or endorsed by them. The information provided on this blog is for educational purposes only and should not be used as legal advice. By using this blog site you understand that this information is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice. This blog site should not be used as a substitute for competent legal advice from a licensed attorney in your state. This blog is not intended as a marketing device.