"What is Green Building Law?"
I like categories. I like to categorize ideas, issues and thoughts in order to develop my understanding. The same is true for green building law; I like to think of this emerging practice in terms of categories.
The other day I was asked "what is green building law?" by an environmental attorney. I had never really been asked that question before so I reverted to my categories. This is what I told the environmental attorney, almost word for word:
Green building law has both front-end and back-end components. At the front end, you have the contract. Additionally, you have to deal with financing, land use and real estate legal issues.
At the back end, green building law deals with potential disputes. These potential disputes fall into one of three categories:(1) Certification - Disputes arise from green building certification when a project fails to achieve certification. Which party will be responsible for the failed certification?
(2) Regulations - Regulations refer to those green building regulations that require or incentivize green building development. Failure to comply with these regulations can result in green building litigation.
(3) Green building strategies - Specific components of a green building that can result in litigation. The example I give is a green roof that leaks. Who will be responsible for the leaking green roof?
Do these categories properly define green building law? What am I forgetting? Most importantly, do you have a better understanding of what a green building attorney can do for your business?
Chris,
Not really sure if it is a valid category but the role the attorney who is a LEED AP can play in planning, and consulting with the various parties involved to ensure that potential disputes and issues are avoided. One example that comes to mind is before construction ever begins having an attorney help with site selection and analysis of tax benefits or liklihood of having a site classified as a brownfield. Great post and good break down into the basic areas.
One area that I see being a category, and possibly a sub-category of 1 or 2 above is the standard of care. My question, and I am working on an answer, is how does green building fit in with traditional common law standards of care and workmanship? In short, how do we take what has traditionally been used relating to safety and fitness for a particular purpose and add a green layer to it?