What Owners Look for in Green Building and Why Contractors Should Care
A recent article at the Ahead of Schedule Blog brings up a project owner’s perspective on “green” building.
The article starts by stating that:
Despite the explosion of articles, seminars and webinars on green building and development during the last year or so, there is a dearth of information in the development world regarding what project owners and developers who do want to build a green project should actually put in their design and construction contracts.
The post then lists several good points regarding what a construction project owner should look for and request in its contracts, particularly with a design professional.
My blog, Construction Law Musings generally discusses these issues from a contractor, sub-contractor or construction attorney’s perspective and the potential liability inherent in constructing such projects and this article has much to recommend it, and not just from an owner standpoint. The fact remains that owners will be seeking sustainable building, whether through LEED or some other energy efficiency or environmental measure. Project Owners will either chose sustainable building for economic or moral reasons, or through government mandate.
Knowing the other side’s playbook is one way that a football team can prepare, the same holds true in pre-construction negotiation of contracts. Knowledge of the types of contractual provisions an owner will seek to include in a construction contract can and will go a long way toward a general contractor’s ability to negotiate a proper contract, both with the owner and its subcontractors. A working knowledge of the possible issues between owners and architects will inform a contractor’s working knowledge of the benefits and potential liabilities inherent in “green” building and keep it ahead of the curve. Such knowledge will also go a long way toward dealing with these issues of human action and the long time horizons inherent in sustainability.
In short, just like a football coach who would love to know the other teams next play, contractors should be sure to check out this article and it’s insight into an owner’s “playbook.”
For more on this check out fellow Aribra contributor Tim Hughes’ post at the Virginia Real Estate, Land Use and Construction Law blog.
This content is published by the permission of its author.
Great points as always Chris – I obviously agree that you need to understand both sides' to be able to effectively negotiate or litigate.
Thanks for the comment Tim. Always good to know your opposition (or potential client's) needs
Proper installation of ventilation system required there.You should commit to regular maintenance cycles.In a domestic setting, there should proper use of smoke alarms and the relatively limited scope of a ventilation system seem to mitigate the actual risk. In apartment blocks and large institutional settings I would imagine the risks to be much more severe.
Proper installation of ventilation system required there.You should commit to regular maintenance cycles.In a domestic setting, there should proper use of smoke alarms and the relatively limited scope of a ventilation system seem to mitigate the actual risk. In apartment blocks and large institutional settings I would imagine the risks to be much more severe.
I think you have hit the important points. Since a lawyer is not only an effective representation and understanding of the customer perspective, but also to generalize the point of view across the table.
As more and more public institutions of the city, county, state and federal government policies and the draft mandate for all new construction related to the inclusion of a third party rating standard.
Thanks for checking in. It is true that more and more institutions require some sort of third party “green” rating.