If Green Materials Fail, Have We Failed?

When I first read about the Chesapeake Bay Foundation case, I thought of Peter Moonen.  Peter is the Leader of the Sustainable Building Coalition for the Canadian Wood Council.  He has been extolling the virtues of wood and green buildings for years.  Below, we discuss the benefits and pitfalls of parallam and other engineered wood products.  If you are interested in a guest post or interview with Green Building Law Update, please contact Kirk Dryer

Chris: I recently highlighted a lawsuit involving the use of Parallam.  Would you consider Parallam a green product?

Peter Moonen: Yes, Chris, I would consider Parallam a greener product relative to it's functional alternatives, and for a number of reasons:

  • Wood products are the only structural building material grown by the sun.
  • Wood products are renewable, reusable, recyclable, organic, biodegradable and, while growing, remove carbon dioxide and emit oxygen as a byproduct – how cool is that?
  • Parallam’s density means exceptional strength per volume and mass;
  • Allows for use of material that would not generally be used for structural purposes (i.e. smaller veneer sheets and strips);
  • Permits the production of large dimension structural products from smaller trees;
  • Permits higher utilization of the forest resource. The recovery efficiency from logs and veneer varies with each mill. Some mills buy peeled veneer, which results in a 95+% plus efficiency, the 5% being used for energy. Others process round logs with a 60-65% recovery. This may reduce the recovery based on veneer, but produces other products as a result -- lumber, chips, sawdust, biomass. Very little of any tree is wasted.
  • Zero off-gassing -- no urea formaldehyde resins are used;
  • In the South and East US and Eastern Canada, it is usually made from second growth southern yellow pine or yellow poplar. In Western Canada, the wood for Parallam is second-growth Douglas fir.
  • Plantation fibre is also suitable;
  • Pre-cut sizes reduce waste on site;
  • Like heavy timbers and glulam members, a large cross section of Parallam has proven to be resistant to fire.
  • As a high density material, Parallam sequesters more carbon than is emitted during its production.

Chris: Does Parallam fail more often compared to standard wood products?  

Peter Moonen: Every material has its strengths and its limitations. Designers, architects, engineers and other specifiers need to know what those capabilities and limitations are to ensure appropriate applications.

Like most wood products, parallel strand lumber is susceptible to the vagaries of nature. Water, intense sunlight, and blowing particles will take its toll on any exposed material – be it steel, concrete or wood – unless steps are taken to protect the material from those wearing forces.

When I talk to specifiers about materials I try to point out that no material is inherently bad or good, but how we use the product is what will determine its ability to endure.  How materials are designed into a structure is critical to the success of that structure. No responsible designer is going to place untreated steel in proximity to salt water or use concrete in a structural application without rebar. Likewise, wood that is not protected from the elements will not last as long as it could.

Simply put, and aside from manufacturing defects, if a material fails it is generally because WE failed the material.  We didn't understand the conditions under which the material should be used.  

A colleague of mine does excellent work explaining durability of wood products.  He explains there are principally three ways to make a wood product more durable:

  1. Durability by design (protecting the material from weathering factors by design),
  2. Durability by nature (choosing naturally durable species of wood for exterior use – like western red cedar) and
  3. Durability by treatment (or, as I say, durability out of a can) which can be expensive and needs to be done right using the right preservative and process for the use category. A suitable maintenance regime may also be important, especially for surface treatments.

Parallam, like all wood products, was never designed to be ‘bare-assed to the wind’.  In fact Parallam, because of its structure, accommodates pressure treatment well, when made with wood species such as southern yellow pine, and effectively treated Parallam has been used in underwater conditions as piling. However, if untreated Parallam is placed in a position to fail, it will, as will any material put under the wrong conditions.

Chris:  I have also read that Parallam is an engineered wood product.  What are the benefits of engineered wood products? 

Peter Moonen: In addition to the renewability and energy benefits of all wood products, the environmental benefits of most engineered wood products have a couple of additional benefits -- they preserve and they perform.

Engineered wood products extend the use of the forest resource by enabling a higher percentage of fibre use. The use of wood from residual sources, non-structural species, plantations and second growth forests reduces the pressure to harvest trees. 

As well, engineered products tend to be have higher load carrying ability than solid wood of the same dimension. This is due to more uniform structural properties because any deficiencies in the material (knots, cracks, etc) are either removed or offset by the manufacturing process.

I would have to add that, despite the added embodied energy or resin and heat to cure and process Parallam, it still sequesters a lot of carbon. Most engineered wood products result in a higher density, and therefore carbon intense wood products sequester CO2e and result in a net negative carbon footprint.  (CO2e stored minus CO2e to extract and produce)

Photo Credit: pnwra

First LEED Platinum Building "At Risk of Collapse"?

I have one last green building legal development to tell you about before I take my hiatus. 

When people ask me about green building disputes, I tell them that they will arise from three scenarios.  A project may not comply with regulatory requirements -- i.e. Destiny USA.  Second, disputes may arise from green building certification -- i.e. Bain v. Vortex Architects (via Stephen Del Percio's Green Real Estate Law Journal).  And finally, new green building materials and techniques can lead to defects and litigation. 

We now have a lawsuit describing this third scenario: The Chesapeake Bay Foundation, Inc., et. al. v. Weyerhaeuser Company (PDF).  The lawsuit involves the first project to obtain LEED Platinum certification, the Chesapeake Bay Foundation's ("Foundation") Philip Merrill Environmental Center.  The project has received numerous awards and accolades from Treehugger

The following is a description of the Plaintiffs' allegations. 

The Project

The Foundation contracted with the architecture firm SmithGroup to design the project in 1998 and Clark Construction Group to build the project in 1999.

Because of its environmental mission, the Foundation wanted the project to incorporate "recycled and environmentally-friendly construction products. . . "  The design also included a roof truss system and various columns and beams that were exposed to the weather

The contract documents permitted the use of Parallel Strand Lumber -- or Parallams -- for the roof truss system, columns and beams.  According to the Foundation's website, Parallams are green because they are produced from fast-growth trees. 

Clark contracted with Trus Joist MacMillan, a subsidiary of Weyerhaeuser Company, in 2000 to supply the Parallams. Weyerhaeuser delivered parallams that had been treated with PolyClear 2000, after allegedly assuring SmithGroup that the treatment was suitable for exposed building components.  Weyerhaeuser allegedly never received approval to use PolyClear 2000. 

Construction was substantially complete December 7, 2000.  Shortly after completion, water intrusion was identified at various portions of the project.  Throughout 2003, various modifications were made, including adding a sealant to the Parallam, that resolved the leakage.

In 2009, the Foundation performed an inspection and observed deterioration of weather-exposed Parallams, including widespread rot.  A subsequent expert report asserted that "the Parallams had not been treated to the levels prescribed by the contract documents or else the preservative had deteriorated because it was unsuitable for the application." 

The Foundation, SmithGroup and Clark subsequently entered into an agreement to remediate the project and to pursue litigation against Weyerhaeuser. 

The Allegations

According to the lawsuit filed by the Foundation, SmithGroup and Clark, Weyerhaeuser provided "defective, inferior and or unsuitable building products" for the Foundation's project.  The lawsuit goes on to allege five causes of action: 

  • Breach of contract
  • Common law indemnity
  • Contribution
  • Negligent Misrepresentation; and
  • Negligence

Most interesting to me is the negligent misrepresentation argument, where the Plaintiffs divulge that the building is at risk of collapse: 

"As a result of Plaintiffs' reliance on Weyerhaeuser's assurances that Parallams pressure-treated with PolyClear 2000 was appropriate material for use in construction of the Project and that the preservative had been adequately applied -- which statements were untrue -- the structural integrity of the Project is in jeopardy and the building is now at risk of collapse.  Thus, the defective condition of the PolyClear 2000 has created a clear risk of death or serious injury at the project." 

The lawsuit goes on to assert damages in excess of $6,000,000. 

The Chesapeake Bay Foundation case is an example of green building litigation that can develop as a result of the materials and products that go into the project.  The Foundation chose specific products because of their environmental appeal.  But these products allegedly failed when exposed to the elements.  While this lawsuit could occur on any construction project, the introduction of new green materials can result in unanticipated results and lawsuits. 

Photo Credit: Miss Leslie