Eieio
August 22nd, 2009, 06:43 AM
If you are involved in the design or construction of a green building there are a plethora of legal issues which you should be considering. The best known issue is how to define who is responsible for achieving certification if the building is pursuing LEED certification. Traditional contract documents such as the AIA forms do not adequately address the nuances of green design and construction, a problem which was partially brought to light in the Shaw case as discussed by Stephen Del Percio. It is important that as a designer or contractor you seek legal counsel regarding the potential litigation that can arise if a building does not achieve certification. As Chris Cheatham has explained at GBLU there are currently no available mechanisms to ensure certification. In addition to the issue of certification the following issues should also be addressed:
* Does the design professional have adequate insurance coverage considering the green nature of the project?
* Will product warranties and guarantees be voided by green construction procedures or installation methods?
* How will long term performance goals be delegated amongst future building occupants?
* Are there intellectual property infringements from copying installation methods or designs from other green buildings?
* What is the availability of green building materials and their cost of replacement? Will a traditional insurance product cover the rebuilding to green standards if a loss occurs?
By Rich Cartlidge
* Does the design professional have adequate insurance coverage considering the green nature of the project?
* Will product warranties and guarantees be voided by green construction procedures or installation methods?
* How will long term performance goals be delegated amongst future building occupants?
* Are there intellectual property infringements from copying installation methods or designs from other green buildings?
* What is the availability of green building materials and their cost of replacement? Will a traditional insurance product cover the rebuilding to green standards if a loss occurs?
By Rich Cartlidge