LEGAL PITFALLS OF “GREEN BUILDING” DESIGN

By Thomas R. Yocum, Esq., CSI

            “Green building” is catching on rapidly around the globe.  Green building practices are intended to increase the efficiency with which buildings use energy, water and material resources, while reducing building impacts on human health and the environment during the construction, operation, maintenance and removal of the building.  The economic desirability of an energy efficient building has been dramatically illustrated by the recent spike in energy costs. 

            As the U.S. Construction Industry jumps on board the green construction train, design professionals should be sure that all wheels are on the train before it leaves the station.    Design professionals must recognize that in this rapidly changing area of the construction industry, clarity and specificity in construction specifications are essential.  As green building design and construction practices evolve, contractors are called upon to perform and construct in ways to which they are not necessarily accustomed. 

            Change carries risks:  rapid change is a train wreck waiting to happen.  A case in point is the author’s recent experience with a specification for roof insulation in the construction of a new commercial building.  A specification called for minimum “R” Factor of 12.1 or in thickness as required by local building code.

            As it turned out, the locality had recently adopted the 2006 International Energy Conservation Code which, according to the owner, contained requirements for roof insulation of a minimum “R” Factor of 20. 

            The contractor bid the project based upon insulation with a 12.1 “R” factor, and was preparing to install this material, when the issue came to light.           Naturally, a dispute arose, which is never helpful for the “efficient” and “environmentally friendly” performance of a construction project. 

            In this instance, questions arose as to whether a roofing contractor can reasonably be expected to investigate local building code requirements for roof insulation at the time of putting in a bid for roof work.  Most roofing contractors would claim that this is not their responsibility.  Roofing contractors, unlike electricians, plumbers, etc., are not typically licensed contractors who are required to demonstrate a familiarity with code requirements.  Typically, roofing contractors would install a roofing system, as specified and per manufacturer’s recommendations. 

            When new design requirements are applicable to a project, such as those which may be called for under the International Energy Conservation Code, design professionals would be well advised to take extra precautions to highlight these requirements as part of the specifications and drawings so as to bring them to the attention of contractors who historically and customarily have not found it necessary to familiarize themselves with detailed requirements of building codes.

            Clarity and specificity on the part of the design professionals in identifying the green building requirements will facilitate construction of an environmentally friendly building for all.

                                          By Thomas R. Yocum, Esq., CSI

Benjamin, Yocum & Heather, LLC

                                                                        www.byhlaw.com 513-721-5672