Construction Law Monitor : Construction Lawyer & Attorney : Wolfe Law Group : New Orleans & Seattle Law Firm : Construction Law Monitor Blog

At the end of 2009, the U.S. Environmental Protection Agency (EPA) published effluent limitations guidelines (EGLS) and new source performance standards (NSPS) to control storm water runoff and the discharge of pollutants from construction sites. The new regulations took effect on February 1, 2010, requiring all permits issued by the EPA to incorporate the new requirements.

New Maximum Numeric Turbidity Limitations

For the first time, the EPA has set numeric limits for the discharge of storm water from construction sites. The EPA has set a maximum daily average numeric limit of 280 NTU (a turbidity measurement) for covered sites. 

In case you don't know, Wikipedia defines Turbidity as:

Turbidity is the cloudiness or haziness of a fluid caused by individual particles (suspended solids) that are generally invisible to the naked eye, similar to smoke in air. The measurement of turbidity is a key test of water quality.

The turbidity limitations will effect construction sites on a phase-in schedule. Construction sites with 20 or more acres of earth disturbance must comply starting August 2, 2011, and those sites with 5 or more acres of earth disturbance must comply starting February 2, 2014.

Covered sites must monitor the storm water discharge for turbidity, report the results of the monitoring and use control technologies (which are not defined) to ensure that the maximum levels are not exceed.

Other Changes (Non-Numeric BMPs)

The EPA has identified other mandatory Best Management Practices (BMPs) relating to: (i) Erosion and Sediment Controls (40 CFR § 450.21(a)); (ii) Soil Stabilization (40 CFR § 450.21(b)); (iii) Dewatering (40 CFR § 451.21(c)); (iv) Pollution Prevention Measures (40 CFR § 450.21(d)); and (v) Prohibited Discharges (40 CFR §450.21(e)).

Additional Resources:

Environmental Protection Agency Web Release of Regulations

Full Text of Regulations

Article by Barnes & Thornburg, LLP

Article by Vinson & Elkins, LLP 

• Email This
• Print
• Comments
• Trackbacks

There are 231,400 homes in Seattle built prior to the advent of a mandatory state energy code. This means that if un-renovated, these homes are likely to have little or no insulation in their walls and attics, outdated heating equipment, and air leakage equivalent to having 5x5ft hole in one of their walls. Homes built today under the increasingly stringent energy code are not exempt for similar performance defects. Poorly installed insulation is the norm, missing draft stops abound, and the average amount of conditioned air lost through leakage in duct work is in the 30% range.

Traditionally, home efficiency improvements and incentives have focused on individual elements, high efficiency furnaces, Energy Star appliances, insulation, and of course windows. Focus on these products has caused widespread consumer belief that these stand alone items can serve as a silver bullet to make their home more efficient, but the facts don’t back it up.  What good is a 95% efficient furnace if the distribution system is sucking 30% of its air through leaks in an unconditioned crawl space, or how about installing R-38 fiberglass in an attic over unsealed can lights that effectively turns insulation into an air filter. The solution these and other home efficiency and comfort problems lies in a whole house systems approach to home efficiency, health, comfort, and durability through diagnostic testing and verification that produces real world results.

The residential branch of building science is called Home Performance, and while veterans of the industry have thought a windfall of consumer acceptance was just around the corner for years, the current climate crisis and economic collapse have lead homeowners as well as legislators to recognize the need to make significant and measurable reductions in residential energy use.  The industry is also receiving much needed support from the recently for formed national Home Performance trade association Efficiency First, and at a local level Home Performance Washington. These organizations along with national professional certifications from the Building Performance Institute and RESNET, are lending credibility and quality assurance to home performance contracts and providing a means of separating the building scientists from the snake oil salesmen.

On October 19th, Vice President Biden released a report titled “Recovery Through Retrofit” on the creation of green jobs and energy savings for the middle class. This report outlines a means of creating a thriving and long lasting Home Performance retrofitting industry. So if you haven’t heard of us yet, you soon will, and if you are about to spend all your savings of windows that claim to cut your utility bills in half,  consider calling a Home Performance specialist first, and let us help you prioritize how to make the biggest impact on your families comfort, health, and wallet.
 

• Email This
• Print
• Comments (1)
• Trackbacks

Beginning this month on Construction Law Monitor and Louisiana Green Law, Corey Fitch, a project manager for Seattle based company, Sound Home Performance will become a regular guest blogger.  With a background in green building construction, Fitch is dedicated to serving residential energy needs, from energy efficiency to energy generation.

Fitch specializes in the following areas: Whole house diagnostic evaluations for energy efficiency, comfort, health & safety, and durability; General Contracting services to provide needed renovations; Performance testing for new construction; and Building Science and Green Building consulting for new and existing construction.

With this level of expertise, Fitch will be consistently contributing information about the building industry with a focus on sustainable building and the legal issues which impact those practices.  Please check back regularly and visit lagreenlaw.com to stay up to date on green building practices that effect the construction industry and homeowners alike.

• Email This
• Print
• Comments
• Trackbacks

Recent studies have shown that certain architectural and construction methods and materials used 4,000 years ago in Ancient China constitute as Green Building Practices.  Parts of the Great Wall of China and the Alhambra Palace in Granada, Spain were both built out of what is called “rammed earth,” a green construction material made from sand, gravel and clay held together with water or other variables.

Using "rammed earth" involves a process of compressing a damp mixture of earth that has suitable proportions of sand, gravel and clay (sometimes with an added stabilizer) into an externally supported frame that molds the shape of a wall section creating a solid wall of earth. Traditional components including lime or animal blood were used to stabilize the material, but cement has been the stabilizer of choice for modern times.  To view a short video of an example of a structure made out of "rammed earth," click here.

There is increasing interest in "rammed earth" because it is environmentally friendly and reduces reliance on cement.  Manufacturing cement generates 5% of man-made carbon dioxide emissions.  One of the significant benefits of rammed earth constructions is its excellent thermal mass; it heats up slowly during the day and releases its heat during the evening. This can even out daily temperature variations and reduce the need for air conditioning and heating.

Adobe, is a building material utilized by communities living in the desert, made from sand, clay, and water, with some kind of fibrous or organic material (sticks, straw, dung). This material is shaped into bricks using frames and dried in the sun.

Similar to “rammed earth,” the adobe material keeps the structure cool during the hot days and warm as the temperature drops at night.  In terms of modern times, utilizing this material in construction projects, will significantly reduce energy consumption in the long run.

By its very nature, earth is one of the best sustainable building materials as it is historically the longest used material by man. It is universally a naturally available product, with a heavy thermal mass and a natural barrier to cold winds and forces of nature including insects and rodents.  Before electricity, people figured out how to remain comfortable without utilizing an abundance of energy.  Today's societies can learn from the techniques and lifestyles of the ancient people by saving energy and building green!

• Email This
• Print
• Comments
• Trackbacks

Now, as “they” say, “the greenest building is the one that has yet to be built.”  What a nice thought, although slightly unrealistic.  Construction in the United States has slowed in response to the economic recession.  However, China, where despite the economic crisis, engineers are completing four more tower blocks every day – almost all fitted with air conditioning, heating, lighting and lifts that will run on coal-powered electricity.

As opposed to the United States, China is in the middle of the greatest building boom in human history. Six of the world's ten tallest buildings completed last year were in China.  Each new building that is erected imposes a negative effect on the environment which is why incorporating Green Building Practices into these structures is the only way to alleviate some of the irreparable damage.

The Pearl River Tower, now being built in Guangzhou, China is being promoted as the most energy efficient skyscraper ever built.  With four wind turbines, solar panels, ­sun-shields, smart lighting, water-cooled ceilings and state-of-the-art insulation, the tower is designed to use half the energy of most buildings of its size and set a new global benchmark for self-sufficiency among the planet's high rises.

Engineers say the tower could even be enhanced to create surplus electricity, with micro-turbines that could sell electricity back to the grid at night.   Unfortunately, the local power firm opposed this proposal as a caution to protect its monopoly over energy generation.  With this approach to the construction of new structures, cities all over the world can lessen the impact they have on the environment.  The new buildings can be utilized as an energy source, as oppose to the leader in energy consumption.

Although the incorporation of Green Building Practices costs more upfront, it will take approximately five years to earn back the cost and thus begin saving on energy consumption.  The future of buildings seemed bleak, but now with Green Building Practices and examples around the world of successful implementation, maybe there is hope after all.
 

• Email This
• Print
• Comments (1)
• Trackbacks

Green Building encompasses the progressive mindset and overall awareness of the construction industry today.  Who’s to say that the Green Building Practices cannot be  incorporated into preserving historic structures of “yesterday”?

Historic buildings throughout the United States are prime candidates for rehabilitation that were built for a purpose that no longer exists or has changed and often lags behind today’s performance standards. The Gerding Theater, the former Oregon National Guard Armory, built in 1891, became the first building on the National Register of Historic Places to earn LEED Platinum certification following a major renovation completed in 2006.

A need for renovations or rehabilitation is an opportunity to include Green Building Practices and will prolong the life of the building.  Replacing single-pane windows with double-pane windows, installing solar panels and/or fabricating systems that recycle rain water for use in restrooms and kitchens are all ways to incorporate Green Building Practices into historical structures.

Trinity Church in Boston is an international architectural landmark built in 1877. A major rehabilitation of the building employing both historic rehabilitation and green building practices was completed in 2005 under the leadership of Goody Clancy, a national architecture firm.

Although there are many proven benefits of Green Building Practices, there remains a conflict between those who advocate for Green Building and those who advocate for the preservation of history.  The question begs, does the incorporation of Green Building Practices jeopardize the integrity of the historical structure?

Of course it does!  Historical buildings provide today’s cultures with insight into the time period in which it was built.  Minute details of the structure can be an indication of the materials that were available for use, certain ideologies and other historical circumstances.  Altering the building’s characteristics will in turn diminish the historical facts that were apparent prior to the incorporation of Green Building Practices.

On the other hand (as there are two sides to every story) rehabilitation standards generally encourage the preservation of existing materials or replacement of them with similar materials that don’t disrupt a building’s character- defining appearance. Recycled-content and otherwise green products that are increasingly available for roofing, cladding, and decking are unlikely to be approved under current rehabilitation standards.  So there are people and organizations with this in mind, protecting the integrity of the buildings.

It is important for “greenists” and historians to band together and project long term plans for the sake of the historical structures.  If Green Building Practices are the answer to the preservation of these buildings, then think of history as the new green!  For more information about Green Building Practices and the incorporation of Green Building Practices into preserving and/or renovating historical buildings, please visit BuildingGreen.com.






 

• Email This
• Print
• Comments (1)
• Trackbacks

The construction industry has the opportunity to work toward an Earth where the climate isn’t increasing, where species of animals aren’t going extinct and where people live for the planet, instead of the planet living for them.

The Building Sector (i.e. industry, commercial, residential, transportation, etc) is responsible for the largest consumption of fossil fuels and natural resources in the world today.  48% of the world's Green House Gas  Emissions is directly correlated to buildings and is the leading cause of global warming.

As we all know, the future effects of climate change/global warming (if we continue at the current rate) have the potential to be catastrophic.  Seattle is a unique city, built on the Puget Sound, surrounded by mountain ranges and various other bodies of water.  If the climate continues to increase, sea levels will rise.  If the Puget Sound’s water level increased by just 3 meters, a large portion of downtown Seattle would be underwater.

Click here to view a picture of what Seattle would look like if sea levels were to rise.

Architecture 2030 has issued "The 2030 Challenge" asking the global architecture and building community to adopt the following targets:

    * All new buildings, developments and major renovations shall be designed to meet a fossil fuel, GHG-emitting, energy consumption performance standard of 50% of the regional (or country) average for that building type.

    * At a minimum, an equal amount of existing building area shall be renovated annually to meet a fossil fuel, GHG-emitting, energy consumption performance standard of 50% of the regional (or country) average for that building type.

This is a unique concept, providing individual homeowners and construction professionals with information about global warming, ways to redirect building projects to help the climate crisis and access to a community of other individuals and businesses dedicated to finding alternate building methods in order to save the planet.

For more information about 2030 Architecture and to adopt the challenge visit www.architecture2030.org.

• Email This
• Print
• Comments
• Trackbacks

There is a growing fear that the construction market is dead - or at least headed that way. Recent figures indicate that overall building is on the decline and that, specifically, public contracting has falled at least 12% over the month of February.

Despite rashes of optimism that new building is up, the figures tend to tell a different story. Both private and public investment in new building are both on the decline. The drop off indicates that there is certainly a lack of funding and construction "players" who drive the industry.

But some states tell different stories. Some actors seem to be driven by falling costs in the construction market, and secured future sources of funding.

Take the State of Washington for example, who has recently experienced a bounding growth in publicly managed and publicly subsidized projects. Here is a peak at what is going on in the Northwest corner:

• Pave Those Highways - Try to drive anywhere in the Seattle area and you cannot miss the traffic. Recent highway projects have taken over Interstate 5 with the intention of improving drive quality for commuters. The state estimates that over $2 billion of repairs are needed to improve I-5 in the Seattle metropolitan area. Unfortunately, the state has earmarked on a small fraction of that amount in order to complete reconditioning. Luckily, Department of Transportation administrators are not backing down, despite potential funding issues. DOT said that 2009 will be "one of its most intense and complicated construction seasons in its history."

• Beacon Tunnel Acceleration - The Beacon Tunnel has become one of Seattle's most anticipated projects. The tunnel was funded initially in 2003 by voters who wanted faster transit from the sprawling Tukwila area, north into downtown Seattle. With fears risihing about missing the projected opening of the Seattle Light Rail project, lawmak sought to accelerate the completion of the projects,adding contractors around the clock to complete the final testing stages of the tunnel. Sound Transit, the project's managing agency, is spending millions in order to ensure that the work is completed timely. But recent reports indicate that the $2.4 billion project is on schedule and $125 million under budget.

• Clean Energy Money to Spur Wind Power Growth - Klickitat County is a small rural area in the South of Washington state. At times the county had one of the highest unemployment rates in the State of Washington - over 12% in January 2009. However recent trends toward "clean energy" have shown vast investment in the area and resulting job growth. The main reason for this growth, is the influx of wind energy farms, no doubt assisted by the promise of over $129 billion in financial incentives for clean energy. In Klickitat, the incentives are pushing further investment in wind farms, especially for San Diego developer Cannon Power Group. The CA company has invested in two farms which will stretch 26 miles of ridgline on the north shore of the Columbia River, capable of producing power for 250,000 homes. The projects are expected to produce over $15 million annually in property taxes as well as over 500 jobs.

• Microsoft Building with Stimulus Bucks - The Seattle Times reported that Microsoft will use around $11 million of federal stimulus funds to build a bridge over Highway 520 in order to connect its westside and Redmond campuses. The funds are being disbursed by the Puget Sound Regional Council, who has been earmarked to receive over $214 million of those stimulus funds. Some are not too thrilled about the use of these funds to assist a multi-billion dollar company, who recently cut around 5000 jobs. Regardless, the project is certain to spur some growth in an otherwise stagnant building industry.

• Puget Sound Rebuilding - There has been quite a bit of coverage about the battle of development versus the Puget Sound. Several ecologists are gearing up for the Summer of 2009 with an open eye towards educating builders and local officials on conservation techniques. One interesting technique pays landowners to preserve their land, by making public officials competitors with developers looking to build on land abutting waterways. Unfortunately, the substance missing from all of this reporting is the alternatives - how do builders continue with growth, without disturbing the wilderness?

• Email This
• Print
• Comments
• Trackbacks

The New Orleans Times Picayune ran a story last week that lead off with these two paragraphs:

Louisiana is expected to get $122.3 million in federal economic recovery money to improve the energy efficiency of homes, government buildings and public transportation over the next three years and to jump-start renewable energy projects for electricity generation.

The money should create scores of new jobs for tradesmen willing to learn green building practices. It also will help moderate-income households around the state improve the energy-efficiency of their homes and lower their utility bills.

Over the next three years, authorties estimate that over 6,000 homes will be weatherized under the program.

In addition to this, President Obama has recently come out to designate New Orleans as the "U.S. Blueprint" for green construction and environmental protection, invigorating urban centers and stressing volunteerism.

Perhaps the promise of the Global Green USA's Build It Back Green program, Brad Pitt's Make It Right Foundation and other similar programs are finally making its impression, and the New Orleans area will see real investment in green building over the next few years.  

• Email This
• Print
• Comments
• Trackbacks

Around the web this week, there was a very interesting blog post titled Green Building Is Dead that shook things up in the blogosphere, and Facebook introduced some improvements across its network that inspired an updated Facebook page by our firm.

• Is Green Building Dead?!  A shocking blog title caused a splash on twitter among construction professionals and attorneys.   The original article is here.  Here is some commentary on that article.   Interesting perspective on a growing and controversial industry.
   
• Is Arbitration Good Or Bad?  That seemed to be a point of contention in the blogosphere this week, as the 5th Circuit published an opinion holding that "manifest disregard for the law" is "no longer useful in actions to vacate arbitration awards."   The matter was discussed at the Smooth Transitions blog here.  And Law.com highlighted that there is now a split in the circuits on this issue.  
   
• Chinese Drywall turns up in Louisiana.   Last week, we warned that the Chinese Drywall may reach Louisiana and Washington, and this week local news-stations are reporting that Chinese Drywall is a problem in Louisiana, and that complaints are widespread.  Thus far, Interior Exterior building supply has been identified as a possible local supplier of the drywall.
   
• New Facebook Page.   Wolfe Law Group announced on its Wolfe Law Rocks page that along with the facebook updates, it has a new updated Facebook page.
   
• Additionally, Oscar - our office French Bulldog - was featured at USAToday.com this week, when the publication ran a story on pet-friendly workplaces.  See our picture on their website, and the write-up here.

• Email This
• Print
• Comments
• Trackbacks

Here is a summary of our posts and provided information:

• Part I: New Trend in Green Building Continues from New Orleans to Seattle
• Part II: Green Building and What That Means in Today's World
• Part III: How Contractors Can Go Green on the Job
• The Status of Green Building in Louisiana and Washington
• Green Building: The Risks and The Unknown
• Green Building Insurance and Limiting Exposure
• A Survey of Green Building Litigation - What We Can Learn

Here are some additional resources:

• Wolfe Law Group Green Building Practice Area Page
• Chris Cheatham's Green Building Law Update Blog
• U.S. Green Building Council Louisiana Chapter
• New Orleans Future Proof - Green Consultants
• U.S. Green Building Council Cascadia (WA) Chapter
• Seattle Daily Journal of Commerce DJC Building Green Blog

Here is what Wolfe Law Group Does for the Environment:

• WLG Environmental Protection Efforts
• WLG Loves Planet Earth
• WLG Goes Green

• Email This
• Print
• Comments
• Trackbacks

It's quite clear that the construction industry must prepare itself for the green revolution.

As builders, engineers, architects and other construction participants "dip their toe" in the green building waters, however, they must also consider some of the risks and potential legal exposure that may result from green building disputes.

Unfortunately, despite predictions of voluminous litigation, green building standards, regulations and contracts have been tested infrequently through litigation - and construction attorneys are mostly left guessing as to how future disputes will be resolved. This posts surveys some of the cases that have surfaced in the past five years, and discusses what they can tell us about the future of green building litigation.

Shaw Development v Southern Builders
There has been much discussion of this case out in the green building blogosphere. Green Building Law Update blog, for example, discusses the case in detail here, here and here. GreenBuildingsNYC also discussed the "anatomy" of the action in its blog post here.

The case itself brings up a lot of potential issues for green builders, but since the matter was settled without trial, the green building world is still left guessing as to the significance of those issues.

As explained by the two above-mentioned green building blogs, Shaw counter-sued Southern Builders seeking reimbursement for lost tax credits for Southern's alleged failure to "construct an environmentally sound 'green building' in conformance with the LEED rating system."

The parties used an AIA A101 1997 form contract, and stipulated therein that:

"Project is designed to comply with a Silver Certification Level according to the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Rating System, as specified in Division I Section 'LEED Requirements.'"

Unfortunately, it failed to indicate who assumed the risk of getting the LEED Certification, and many attorneys watching green building litigation were interested in seeing how the court would assign the risk of obtaining these credits. Alas, with the case settled, we'll never know.

However, parties to green building projects can learn something from the dispute: the AIA Form Contracts (& other form contracts) do not adequately accommodate green building projects. The parties should employ attorneys to contract more specifically regarding the green building expectations, and to assign risks related to the LEED Certification and building standards to the appropriate parties.

Washington Nationals Stadium Dispute
This "dispute" was recently settled without even evolving into actual litigation, and therefore, it's even more difficult to analyze the possible implications of the green building issues.

However, from a discussion found on the Green Building Law Update blog, a component of the dispute between the parties related to the LED lighting on the Nationals Scoreboard, and specifically, whether the failure to obtain LEED Certification related to the scoreboard prohibited the project from reaching "substantial completeness," and therefore stopping to toll of liquidated damages.

Since the matter is settled, we'll be forever left without a definitive understanding of the issue.

The raised questions should serve as a warning to green building contractors that green building provisions and requirements should be well-drafted to avoid problematic situations like the Nationals organization had in D.C.

• Email This
• Print
• Comments
• Trackbacks

Slowly but surely, these industries have responded to the demand, and there are a number of products available to green builders and property owners to help limit their exposure in the event of a green building problem.

Green Building Insurance
It appears that Fireman's Fund Insurance was the first to offer green building insurance products in the fall of 2006. The "Green-Card Insurance Suit" self-proclaims itself to provide insurance solutions to builders and owners whether "you've built green from the ground up, have made green renovations to existing buildings, or would like to rebuild as green in the event of a loss."

Quickly thereafter, the Insurance Journal predicted more insurance products to come, and over the next two years Aon, Allstate and Travelers' all rolled out their contributions to the green building insurance market.

The insurance policies being offered are interesting in that they protect against green building defects and deficiencies, and in some instances also allow owners to "upgrade" when green building requirements change.

While these experimental programs are exciting for the green building industry, it's too soon to predict how they will be interpreted, what exact coverages will be allowed, and how they will hold up in the courtroom. Stay tuned...

Green Building Bonds
Contractors and property owners are quite familiar with the concept of "performance bonds." Not so familiar, however, are "green building bonds."

With certain government projects mandating green building standards, and green building requirements finding its way into construction contracts across the country, there is some talk about whether contractors should purchase and file "green building bonds."

The issue of green building bonds and the complex questions surrounding them are discussed in detail in two good posts by the Green Building Law Update blog here. One of the most peculiar presented complexities relates to the general identification of the bond - is it a performance bond, or a license / compliance bond?

With bond requirements popping up through governmental regulations, it seems surety companies are not certain how to exactly issue the bonds.

Once again, like the insurance programs, it's still too soon to predict how this issue will resolve itself. For now...green builders ought stay tuned.

• Email This
• Print
• Comments
• Trackbacks

However, the implications of green building certifications and standards have yet to be tested in the courts - and there is some uncertainty as to how "green building litigation" will look. Whether such litigation will exist, though, is not such a mystery, as all sources agree it's not a matter of if, but when.

Therefore, contractors, architects, engineers, green building suppliers and construction professionals involved in the green building process should be cautious about the potential of green building litigation, and should take precautions to protect itself from liability and exposure in the event of a green building dispute.

What Are The Risks?
Unfortunately, none of the green building disputes in the past fifteen years have gone the distance in litigation, and accordingly, we're unable to analyze a court's determination of damages for a breach in a green building contract.

However, there has been much speculation as to the potential damages associated with such a breach.

A green building contract is essentially an agreement to build a structure more energy efficient. There are usually two benefits to the cause: (1) The building's energy efficiencies makes it less expensive to operate; and (2) The property owner may be entitled to tax credits for building green.

Parties have speculated, therefore, that if a green building contract is breached, or if post-construction the structure is unable to obtain a promised certification, the property owner would seek damages equal to the potential tax credits and the potential energy savings. Presumably, a party could also collect liquidated damages if the substantial completion of a project is delayed as a result of green building failures.

Understanding the Risks to Green Building &
Managing Risks
By analyzing green building disputes and lawsuits that have surfaced, as well as available insurance programs, in the next two posts Wolfe Law Group will discuss potential ways to limit your company's exposure in the event of a green building dispute.

First, we'll discuss the availability of green building insurance and bonds.

Second, we'll discuss the green building litigation that has surfaced, and analyze the claims in those matters to determine how green building contracts and procedures can be improved to limit liability.

• Email This
• Print
• Comments
• Trackbacks

However, because of unique geographic needs and challenges, as well as fluctuating economic conditions, the status of Green Building in the United States has varied.

Green Building and the U.S. Economy
Since green building standards are mostly voluntary, there has been much concern about LEED projects being on the "chopping block" as contractor's search for ways to improve its bottom line.

In October 2008, the Green Building Law Update blog quoted a Maryland newspaper article addressing situations in that state where developers abandoned the "LEED label" for necessary savings.

While it's not responsible to report that the green building industry is abandoning ship in the wake of some recent economic concerns, it's definitely a concern and a hurdle to an industry trying to get off the ground.

It seems the opposite notion exists as well, or in other words, that the cost-savings associated with green buildings are only recklessly foregone. Not only that, but from a recent McGraw-Hill study, despite the down economy, green building remains on the upswing, and the study predicts that green building will triple in the next five years.

Green Building in Louisiana & Resources
In September 2008, New Orleans City Business Magazine reported that in New Orleans, Louisiana, "Green Building Standards Are Not Always A Worthy Option." According to the article, because of the mild-winters in Louisiana and the benefits of building elevated structures, achieving a LEED Certification in the Big Easy is oftentimes a waste of money.

As evidence of the unattractiveness of LEED Certifications, the article also notes that even as New Orleans earns a reputation as a hotbed of sustainable building, they city ranks fifth from the bottom based on how many LEED projects have been completed.

This presents a interesting paradox for green building in Louisiana.

On the one hand, the article notes some skepticism of the LEED Certification process as it relates to construction projects in Louisiana, and the state's LEED rank speaks for itself.

On the other hand, however, since Hurricane Katrina non-profits and green building organizations have swarmed into the city with hopes of "rebuilding" it green. As examples, see Global Green's Rebuilding New Orleans project, the Brad Pitt Make It Right project, and even a sustainable development consulting agency in the city, Future Proof.

Determining the "status" of green building in Louisiana, therefore, is a bit difficult. The city is clearly a hotbed for sustainable development conversations, but it appears green building practices have yet to penetrate into the mainstream rebuilding of the city.

Resources:
Global Green's Rebuilding New Orleans project
Brad Pitt Make It Right
Future Proof
US Green Building Council LA Chapter
NAHB National Green Building Program


Green Building in Washington & Resources
The "Green Building" topic is much more mainstream in the State of Washington. Not only are LEED Certifications topics of conversation in relation to private construction projects, but in 2005, the state went so far as to mandate green building standards in the erection of certain new public structures.

The mandatory green building requirements have now begun penetrating into the private sector, as well. For the 2009-11 state budget, nearly all construction projects receiving state mony will have to build to LEED Silver standards, which is the 3rd highest ranking of the U.S. Green Building Council.

The strict requirement will clearly lead to more green building in the state of Washington, as non-profits who rely on state money (and those that do not) have already adapted to green building standards at an impressive pace.

While there are only 3 LEED properties in Louisiana, there are 113 in Washington, and another 650+ registered according to the DJC Green Building Blog.

Resources:
DJB Green Building Blog
Cascadia Chapter of US Green Building Council
City of Seattle Green Building Program
King County Green Building Tools
NAHB National Green Building Program

• Email This
• Print
• Comments
• Trackbacks

With green building on the rise, contractors who are familiar with the green building process and are certified by the USGBC as LEED Accredited Professionals automatically gain a competitive edge in the construction industry.

This area of expertise will put your company in a unique position to bid on green projects. There is currently a boom in the green construction industry and there are not enough skilled professionals to do the work.

Basic knowledge of green materials which include rapidly renewable resources, recyclable materials and VOC free options is the first step to marketing yourself as a green contractor. Rating systems, such as LEED and Green Globes set standards for compliance on green building projects.

The four main areas covered by most green building rating systems are, 1.) construction waste management; 2.) indoor quality management; 3.) material selection and use; and 4.) reporting protocol.

Preventing job site waste is an important factor is being a green contractor. Asking suppliers to take back or buy substandard, rejected or unused items, requesting that materials be delivered in returnable containers and modifying storage-handling practices to reduce material loss from weather and other damages are just a few things you can do in your effort to go green.

From the beginning phases of development and throughout the construction process, indoor air quality should be a priority of any contractor. Indoor air quality directly effects the overall health and well being of those occupying the space after construction is completed. A green contractor initiates key factors to manage the indoor air quality of the construction site.

Volatile Organic Compounds (VOCs) include a variety of chemicals, some of which may have short- and long-term adverse health effects. Concentrations of many VOCs are consistently higher indoors (up to ten times higher) than outdoors. The best way to ensure that harmful VOCs are not present in the building when the occupants arrive is to not use products that contain VOCs in the first place.

Another suggestion includes scheduling individual jobs so that absorptive materials like ceiling tile and carpeting are installed after all applications of wet and odorous materials such as adhesives, sealants, paints and other coatings have been completed.

Material selection is an important part of every contractor's job. A green contractor, however, needs to be overtly aware of what materials are used, where those materials originated from, the preservation of those materials and where those materials are stored.

Green building materials need to be low in toxicity, recyclable, made from renewable resources and VOC free. You would be amazed at the selection of green materials readily available. Examples of green materials include, bamboo, cork, marmoleum and wool carpet products. A great resource for various green material options and price estimates is Green Building Supply: An Environmentally Friendly Home Center.

The last major requirement for green building rating systems is reporting protocol. Keeping receipts of all the materials purchased, project plans, the project schedule and other documentation provides viable proof of your commitment to the green building process. This record keeping applies to both general contractors and sub-contractors.

For more information on how to be a green contractor, the certification process and the LEED rating system visit the U.S. Green Building Council Website. This website also includes case studies of green homes and offers guidelines to building green that you can easily download.

With a rise in consumer interest and newly passed government regulations, green building is only going to gain more popularity in the construction industry. Viable information that can take your contracting company to the next level of green building is right at your finger tips!

• Email This
• Print
• Comments
• Trackbacks

• Email This
• Print
• Comments
• Trackbacks

Green building practices aim to reduce the environmental impact of buildings. As of 2006, buildings used 40 percent of the total energy in both the European Union and the United States. In the US approximately 54 percent of energy consumption was from residential buildings and 46 percent from commercial buildings.

Green building practice is a big step toward a stable and sustainable future. Utilizing green building practices on your next construction project will only cost approximately 5 percent more than conventional construction projects, but reduce the environmental impact of buildings significantly.

Examples of green building practices include using sunlight through passive solar, active solar and photovoltaic techniques and trees through green roofs and rain gardens- all of which emphasize taking advantage of renewable, natural resources. Materials commonly used in green building practices, such as bamboo and straw are from forests certified to be sustainably managed.

Not only will green building practices reduce negative affects on the environment, it will save homeowners and businesses owners' money in the long run by reducing energy and overall operating costs. Increasing the building's asset value along with tax rebates and zoning allowances are just a few of the incentives for people to incorporate green building practices into their next construction project.

Throughout the world, countries have developed their own standards of energy efficiency for buildings and implemented a green building rating system. The United States' rating system consists of LEED project certification and the Green Globes system, a revolutionary building environmental design and management tool.

Other examples of green building materials include, dimension stone, recycled stone, recycled metal, and other products that are non-toxic, reusable, renewable, and/or recyclable. As stated on the U.S. Green Building Council's website website, "LEED certification provides independent, third party verification that a building project meets the highest green building and performance measures."

Commercial buildings as defined by standard building codes are eligible for certification under the LEED standard include -but are not limited to- offices, retail and service establishments, institutional buildings, hotels and residential buildings of four or more habitable stories.

Behind the implementation of LEED is the U.S. Green Building Council (USGBC), a non-profit trade organization that promotes sustainability in how buildings are designed, built and operated. Best known for the Leadership in Energy and Environmental Design (LEED) rating system, USGBC promotes buildings that are environmentally responsible and profitable.

The New Orleans Chapter of the USGBC, also known as The Emerging Green Builders (EGB-NOLA) "promotes environmental awareness and sustainability in the built environment through leadership, policy change and education by organizing and supporting a network of students and young professionals in Post-Katrina New Orleans."

The Holy Cross project in New Orleans is a perfect example of green building with net zero electricity, solar power, recycled wood, low VOC paints, and LEED Platinum Certification. This particular project consists of 5 single family homes, an 18 unit apartment building and a community center. To read more about this project visit the Louisiana chapter's blog.

Across the country in Seattle, construction has begun on the $500 million Bill and Melinda Gates Foundation campus, a 900,000 -square -foot project. The campus will be one of the largest energy-efficient projects in Washington State. Even the campus garage will sport a one-acre "living" roof seeded with a hearty plant called sedum that will reduce rainwater runoff.

This project's estimated date of completion is 2010 and is just one of the many non-profit organizations tuning in to green building practices. The number of non-profit organizations focusing on green building practices is expected to increase as the government limits funding to those not building to LEED standards. To read more about this particular project visit bizjournal.com.

In urban settings, such as Seattle and New Orleans, green practices are becoming more important to the survival of our environment and the quality of life for those living in the areas. As New Orleans rebuilds and Seattle continues to develop at a rapid rate, green practices are going to become a standard for building.

The positive affect that green practices have on the environment is generally underestimated, while the cost of implementing these practices is overestimated. So whether you are building a new home or a new business, do your research- not only will you be saving the environment but saving on overall costs in the long run!

• Email This
• Print
• Comments
• Trackbacks