Virginia has become the latest government to mandate an alternative compliance path for green building that includes the International Green Construction Code.… Continue Reading
Three weeks ago, Washington DC was hit by both an earthquake and a hurricane. But this was not the most shocking development during the week — at least for me. Here’s what shocked me the most: I learned there is a chance that LEED bonds could be available in our nation’s capital. On Wednesday, August … 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
Every year, as the calendar turns over, a host of new regulations take effect. In California, January 1, 2011 marked the introduction of CALGreen, the California green building code. The California government has produced a guide to CalGreen, which I found informative: “The 2010 California Green Building Standards Code is a code with mandatory requirements … 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
This is as confusing and sordid as any green building dispute I have seen. Consider yourself warned. Over the holidays, Michael Anschel informed me that the the Builders Association of the Twin Cities (BATC) had sued Minnesota GreenStar and filed a restraining order against using a green building standard. Despite that simple statement, there is … 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
The likelihood that some American Recovery and Reinvestment Act (ARRA) green building projects would fail should not come as a surprise to Green Building Law Update readers. Back in February 2009, I wrote about the the difficulties of administering the stimulus funds at state, county and municipal levels. In January 2010, I highlighted initial problems … 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
Despite my previous suggestion that the USGBC’s Greening the Codes could have done without the history of building codes, I do think it offers an interesting history lesson. This paragraph caught my attention: The energy crisis of the 1970s brought yet another topic to the national stage. The soaring costs of energy and a … 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
I recently co-authored a chapter with Shari Shapiro of a soon-to-be-published book about green building law. I am a regular reader Shari’s Green Building Law Blog and she is one of the authors who helped me launch my own blog. However, I am going to respectfully disagree with one of her recent posts regarding green … 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
Back in January 2010, I said this: "Government officials and citizens are going to expect results form the significant investments in the green movement (particularly in an election year). In 2010, the nation will begin to decide if investments in the green building and renewable energy industries were worth it." Not one month later, it … 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
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
