Did you know your company may have a duty to disclose how climate change may impact your business? A group of Crowell & Moring attorneys – James Chen, Bryan Brewer and Jessica Hall – recently released a Climate Change Client Alert regarding the issuance of climate disclosure guidance by the Securities and Exchange Commission (SEC). … 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
Last Thursday, during a webinar on green building legal issues, I stated the following: "I really believe schools will be a hotbed for green defect claims, in terms of energy efficiency, and other green building components. Schools rely on tight budgets. . . . Be careful what you are promising on these green school projects." … 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
Back in April 2009, I took a vow of silence. I promised to stop writing about the "performance bond" requirement in the D.C. Green Building Act. I had faith the D.C. Council would address the issue. Thankfully, it appears our long nightmare may be coming to an end. Today, I am going to reset the … Continue Reading
You can view my webinar "Green Building Legal Issues on the Horizon" live at 1 pm EST or archived on demand. If you are having trouble, you can also try the BrightTALK website. PLEASE NOTE: We experienced some technical difficulties at the beginning. Please fast forward to the 2:10 mark for the beginning of the presentation. Thanks!… Continue Reading
This week, I am going to be trying something new and exciting here at Green Building Law Update. On January 28 at 1 pm (eastern), I will be participating in a live webinar hosted by BrightTALK titled "Green Building Legal Issues on the Horizon." What makes this webinar truly unique is that you can listen … Continue Reading
A coalition of forest product companies (“the Coalition”) has filed a complaint with the Federal Trade Commission (FTC) regarding, in part, the United States Green Building Council’s preference for Federal Stewardship Council-certified (FSC) wood products. The Coalition has asked the FTC Bureau of Competition to provide guidance to the USGBC and other rating systems regarding the … Continue Reading
The green building industry is entering an interesting period. In 2009, the green building movement was embraced as a solution to economic and environmental problems. "Green jobs" were touted as a way to improve the economy while reducing unemployment. Investment in renewable energy and energy efficiency measures was championed as a way to reduce greenhouse … Continue Reading
Geothermal heat pumps continue to gain popularity as an alternative energy source. This energy technology doesn’t come without uncertainties though. In fact, as ENR recently described it, there are significant problems with the geothermal industry: “[M]any of these systems are not performing as touted, especially cleverly hyped geothermal heating systems that are plagued with inflated … Continue Reading
It’s always amazing to me the unexpected consequences that result from apparently benign activities. As new green building and energy innovations and materials are incorporated into projects, there is always the possibility of an unexpected consequence. Take for instance a geothermal energy project in California. Geothermal projects involve mile-or-more-deep wells drilled into underground reservoirs to tap … Continue Reading
We previously reviewed a green building contract that can be used to manage the architect-owner relationship. But what about contractors? As a member of the AGC ConsensusDOCS committee, I had the pleasure of collaborating on the ConsensusDOCS 310 Green Building Addendum, which was recently released: On Nov. 10, ConsensusDOCS released the construction industry’s first and … Continue Reading
In order to manage risk associated with a design and construction project, it is important to draft an appropriate contract. There are a number of standard contracts available for the construction industry. The American Institute of Architects (AIA) publishes the AIA construction contracts to manage the architect-owner relationship. The Association of General Contractors (AGC) has … Continue Reading
On Friday, we discussed Navy contracting requirements for tracking "energy efficiency" and "energy footprints." When I first learned of these requirements, I was reminded of Executive Order 13514. We have already discussed Executive Order 13514 in terms of the green building industry, but the Order also contains provisions relating to greenhouse gas emissions. I don’t … Continue Reading
The primary theme of Green Building Law Update is green building litigation will develop. To date, one of the rare examples of green building litigation is Shaw Development v. Southern Builders, a case that involved a project’s failure to achieve LEED certification in a timely matter. Other examples of green building disputes are sparse. But … Continue Reading
[Ed. Note: Steve McBrady is your Editor this week] One of the primary focuses here at Green Building Law Update has been the emergence of Green building and sustainable development as an “unstoppable force” in the world of real estate development and construction – as well as the emerging federal, state, and local regulations … Continue Reading
[Ed. Note: Chris could not help sending along one last post before he enjoys some well-deserved R&R on his honeymoon. Congratulations to Chris and Melissa! Stay tuned for my guest posts the remainder of the week. – Steve] There is a wave of funding for green building and energy efficiency projects on the way. The … Continue Reading
[Ed. Note: I am getting married tomorrow! As a result, guest editor Steve McBrady will be taking over Green Building Law Update. I will be back November 2.] The green building professionals in Nashville, Tennessee are a no-nonsense, dedicated group. That’s my conclusion after I recently gave a green building legal presentation to the USGBC Middle … Continue Reading
The other day, a reporter contacted me regarding my prediction that this is the year of the retrofit. I stood by my prediction, pointing towards stimulus funding that supports retrofits of existing buildings. I wish I had been able to point out the $1 billion lending program in New York to retrofit existing buildings that … Continue Reading
Down in Los Altos, California, a green building controversy is brewing. Linda Kincaid, industrial hygienist, has made some serious accusations about high levels of formaldehyde in certified green homes. On September 15, Kincaid, along with Richard Calhoun, held a press conference to discuss her findings. I am particularly interested in Calhoun’s reference to "sick buildings" … Continue Reading
When I have previously speculated as to green building lawsuits, I never imagined that an industrial hygienist would play a significant role. Industrial hygienists are scientists and engineers who study health and safety of people in the workplace and the community. Linda Kincaid is an industrial hygienist in California. She is also a citizen-reporter for … Continue Reading
Tomorrow I will be in Nashville, Tennessee to talk to the Middle Tennessee Chapter of the United States Green Building Council (USGBC) about green building law. It is great news that the green building industry and the people who are involved in green building projects on a daily basis are so interested in green building … Continue Reading
The American Recovery and Reinvestment Act (ARRA) projects have resulted in extremely low bids. These low bids could be the result of improved efficiency in the construction industry; or the low bids could be the result of cut throat competition. Simultaneously, the ARRA includes $250 million to investigate (PDF) and audit ARRA projects. These … Continue Reading
You may have recently read the New York Times article about the gap between LEED building designs and actual energy performance. If not, I would recommend reading the article. You may have also noticed a reference to "construction lawyers": "Already, some construction lawyers have said that owners might face additional risk of lawsuits if buildings … Continue Reading
