A nation-wide Property-Assessed Clean-Energy (PACE) bond program has been proposed, but not without its critics. As you may recall, PACE bonds are a new financing mechanism that can be used to retrofit homes and commercial buildings, or install renewable energy: "PACE is a bond where the proceeds are lent to commercial and residential property … Continue Reading
I have previously written about informal complaints regarding the Environmental Protection Agency (EPA) and Department of Energy’s (DOE) Energy Star Program for appliances. Based on recent findings of a Government Accountability Office report, it seems much larger systemic problems exist within the Program: "In a nine-month study, four fictitious companies invented by the accountability office … Continue Reading
As long time readers know, I am originally from Kansas. While green buildings have been common in DC for some time, the Midwest is just now starting to develop its own green building market. I was extremely excited to get an opportunity to tour one of the newest green buildings in Kansas City. Tim … Continue Reading
On Monday, I discussed conflicts between military construction and green building certification. Green building certification was originally created for commercial office buildings, which can create some odd applications in military construction. While we have have already discussed energy efficiency, bicycle racks and HVAC systems, there is one component of military construction that conflicts directly with … Continue Reading
As federal agencies continue to push green building certification, some federal projects are running into conflicts when building green. Take for example, a recent article I reviewed regarding military construction and LEED certification. The basic premise of the article is that green building rating systems and military construction do not always work together. “‘An office … Continue Reading
Douglas Reiser, who publishes at the Builders Counsel Blog, recently posted an interesting question regarding Davis-Bacon wage determinations for green building projects: "What do you think about Davis-Bacon worker/payment classifications for ‘green building’ specialists or professionals? Should there be a classification for your project’s LEED AP? How about for any independent raters? I am thinking … Continue Reading
One of the first publications that peaked my interest in green building was the AGC’s SmartBrief. Each day, I would read about a new green building project or development in SmartBrief. In large part because of SmartBrief, I began to explore the legal implications associated with green building. Last week, my blog post "Does Your … Continue Reading
[I have said many times that the legal principles that will apply to green building projects will be very similar to existing legal principles in the construction law field. On Fridays we will be reviewing legal developments from the construction industry that most likely will be applied to green building projects.] When I prepare … Continue Reading
I had never quite understood why federal agencies were so focused on green building certification. That was, until I read this: "U.S. agencies are required to have 15 percent of their existing building inventory incorporate sustainable elements by 2015 under Executive Order 13423, signed by George W. Bush in 2007. To comply with the order, … Continue Reading
During green building presentations that include legal views, I usually expect that someone in the crowd will not agree with my views of the green building industry. Usually, the unhappy audience member cannot fathom that there are potential risks associated with green building. Last week, though, I received a much different reaction when I presented … Continue Reading
[I have said many times that the legal principles that will apply to green building projects will be very similar to existing legal principles in the construction law field. Going forward, on Fridays we will be reviewing legal developments from the construction industry that most likely will be applied to green building projects.] If … Continue Reading
While preparing for my presentation "Legal Considerations When Building Green" for the National Research Council, I contemplated what proposals I wanted to make to the federal agency representatives that would be in attendance. The federal government is pushing federal investment in green buildings through $25 billion allocated from the American Recovery and Reinvestment Act and … Continue Reading