Last evening the Baltimore City Council adopted the International Green Construction Code 2012 as an overlay to the City's building, fire and related codes. .. As progressive as this bill is, it should not be lost that Baltimore is representative of a very limited number of jurisdictions mandating new construction and renovation of both private and public buildings must be green.… Continue Reading
One of the very first green building legal conundrums may be resolved. The Washington Business Journal reported on October 31 that legislation will be introduced in Washington D.C. that will create an alternative to the much maligned LEED bond requirement in the D.C. Green Building Act of 2006. Under the Act, as currently written, as … Continue Reading
This guest post is by Joe Stampone of A Student of the Real Estate Game. Joe is in his final semester at the NYU Schack Institute of Real Estate with a concentration in sustainable development. The behavioral shift towards sustainable development that we’re experiencing has changed the real estate landscape, however the marketing benefits, performance … Continue Reading
If the International Green Construction Code (IGCC) is successful, green buildings will soon become the rule instead of the exception. By codifying green building standards, the IGCC has the potential to make major strides to advance green building practices on a scale that has been unattainable through LEED and other similar voluntary green building standards. … Continue Reading
I have been amazed at the immediate interest generated by the International Green Construction Code (IGCC). Despite the fact that the IGCC is still in its infancy, there are a number of states and municipalities closely studying it for adoption. We have already discussed Rhode Island’s adoption of IGCC for public buildings. More significantly, … Continue Reading
I continue to ponder the importance of the release of the International Green Construction Code public version 2.0 (IGCC). I recently asked Bob Kobet, LEED Faculty member, to provide his thoughts on IGCC. It’s good to see that I am not the only one who thinks the new code is a big step for green building. … Continue Reading
Back in October 2010, Doug Reiser and I co-presented on the topic of substituting LEED for traditional building codes. As we were finishing our presentation, I reiterated our primary theme that LEED standards should not be used as a building code. One of the audience members raised her hand and asked why weren’t we discussing … Continue Reading
Last night I had dinner with a long-time reader of Green Building Law Update. I was frank with him, and I will be frank with you. I will be doing two things this year with the blog: 1. I am going to stop talking about LEEDigation as much. 2. I am going to talk more … Continue Reading
Many months ago, I promised a two-part series on public-private partnerships. Part one was previously published and today I wrap up the series with post two. As we head in to 2011, public-private partnerships will play a vital role in replacing the non-existent state funds for necessary public works projects. Here is part two on … Continue Reading
I just finished up a presentation to the Construction User’s Roundtable (i.e. users of construction services) regarding public private partnerships (P3s). P3s are defined by the National Council of Public Private Partnerships as: "a contractual agreement between a public agency (federal, state or local) and a private sector entity. Through this agreement, the skills and … Continue Reading
Across the country, government officials are scrambling to award and spend American Recovery and Reinvestment Act (ARRA) funding before upcoming deadlines. If you are a contractor or subcontractor lucky enough to work on one of these projects, congratulations! Now comes the tough part. Working on a federal or state-funded project brings a myriad of regulatory … Continue Reading
For this Halloween edition of Green Building Law Update, I thought I would try to scare your socks off by describing circumstances that may lead to the green building legal apocalypse. Be warned, this blog post is going to give you nightmares! Last week, Doug Reiser and I presented at the Green Legal Matters conference … Continue Reading
Construction defects often take a long time to develop. Take, for example, the Courthouse Square building in Salem, Oregon, which is used for county offices and retail stores. It was constructed in 2000 and received its LEED certification in 2002. As early as 2002, problems were identified at the project, including cracked grouting and loose … Continue Reading
It’s an understatement to say environmentalists were disheartened by Senator Reid’s announcement last week that a comprehensive cap-and-trade bill would be tabled for the year. But, fear not, environmentalists – and, be fearful, unprepared federal contractors – because the federal government will be regulating greenhouse gas emissions in other ways. Back in October 2009, … Continue Reading
States are facing significant budget gaps. These budget gaps are going to negatively affect the green building industry. States looking to shore up budgets will cut new construction and maintenance of existing buildings in the coming years. But there is a solution: public-private partnerships. Just prior to the economic downturn, the phrase "public-private … Continue Reading
The United States Green Building Council (USGBC) recently published a white paper entitled "Greening the Codes" that is simultaneously very helpful and somewhat frustrating. The most important information is buried on page seven after an unnecessary review of the history of building codes. But if you can get through the first six pages, you will … Continue Reading
On Saturday, I was having a leisurely breakfast with my wife when I foolishly flipped on my blackberry, opened my email and stared at the following headline: Comox Rec Centre not LEED anymore. Breakfast was essentially over. Never before had I seen the potential for LEEDigation stated so clearly in a headline. The Comox … Continue Reading
I recently had the pleasure of sitting down with Chris Birk of Surety Bonds Insider to discuss surety issues and the green building industry, particularly related to the D.C. Green Building Act. As a quick reset, the D.C. Green Building Act of 2006 requires owners put up "performance bonds" that guarantee LEED certification for certain projects. … 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
I often get the same question about the American Recovery and Reinvestment Act: where are the green jobs and projects? A recent Wall Street Journal article sheds light on that question: "The Obama administration’s economic-stimulus program has delivered about a third of its total $787 billion budget during its first year, much of that to … Continue Reading
I used to work in Tysons Corner, Virginia. It is a fascinating place for many reasons, not the least of which is the fact that the area supports 105,000 jobs but only 17,000 residents. One of the consequences of this job-to-resident ratio is a daily traffic jam as workers leave for the day. Government officials … Continue Reading
Do you remember Property Assessed Clean Energy (PACE) bonds? If you recall, in a June 2009 post, I proclaimed my undying affection for PACE bonds, which can serve as a financing mechanism to retrofit homes and buildings: “PACE is a bond where the proceeds are lent to commercial and residential property owners to finance energy … Continue Reading
In Ohio, there is LEEDigation brewing. But it’s not the LEEDigaiton that I anticipated. The Ohio School Facilities Commission (OSFC) requires that new OSFC-funded schools achieve LEED Silver certification. The Washington-Nile school district is balking at the additional costs incurred as a result of the LEED certification requirement. When a school project is pursuing … Continue Reading
In December 2009, an Amendment to the D.C. Green Building Act of 2006 was introduced by the D.C. Council. Labeled the "Green Building Technical Corrections, Clarification, and Revision Amendment Act of 2009," this Amendment includes many revisions to the original Green Building Act. One of those revisions involves the "performance bond" requirement: "’Sec. 6. Bond … Continue Reading
