As one of the first law firms in Florida to address the legal issues stemming from sea level rise, Becker is excited to announce its interdisciplinary Sea Level Rise Advisory Team which includes experienced and knowledgeable lawyers ready to assist our clients in preparing for the future....
With the pandemic impacting the construction industry, hundreds of millions of dollars of public construction revenues are at stake. Those impacted need to analyze their contractual rights and responsibilities immediately. Government construction projects forced or anticipated to shut down may result in the termination of a contract or contracts. Becker Shareholder Mark Stempler offers hard-hitting advice for those affected by this COVID-19 fallout, read the full article on Construction Executive....
The green building industry is arguably more popular than ever. The number of certified green buildings grows every day across all sectors of the building industry. Unfortunately, the contracts for sustainable projects are sometimes behind the times. Standard construction contracts are often not tailored to address the numerous issues and nuances that may come up on sustainable projects. This potentially puts all contracting parties at greater risk of uncertainty if disputes arise on the job site. Preparation on the front end of a green building is usually the best way to alleviate problems later on, and it starts with the contract. This is true whether the project is one for new construction or for renovations or retro-fitting. First, the contract should be as clear and specific as possible about what the green goal is. Simply using terms like "green building," "sustainable building" or "high-performing building" are not enough, because it is...
Solar roof panels and low-flow toilets are so last season. Now there's more graywater recycling, net-zero or net-positive energy systems, ground source heat pump systems, and variable-refrigerant flow heating and cooling systems. These features are featured in the American Institute of Architects' (AIA) Committee on the Environment's annual Top Ten Awards. The awards celebrate projects that are innovative and integrate built and natural systems and enhance both the design quality and environmental performance of the built environment. This year's winners range from renovated historic buildings to educational facilities and even includes a very cool "sustainability treehouse" in West Virginia (here's the photo). Check out the awardees at http://www.aiatopten.org/....
Many contracts used in green building projects are not always ideal for green building projects. Often, contractors, design professionals, or owners will use their old standard construction contracts. But those forms might not take into account some of the nuances or issues that can arise on a sustainable project. For example, green building contracts should strive to be more specific about what the green goal is. Terms like "green building", "sustainable building" or "high-performing building" lack the specificity of what the goal is. Further, it is not enough for the owner to say it wants LEED platinum rating, or LEED certified, or Green Globe? There is a difference. Or, maybe the goal is to save money on electricity, or to reduce the amount of water consumed. Those should be specifically identified, so if the goal is not achieved, there will not be confusion as to what the goal was. Confusion often...
This post originally appeared in "The Green Building Law Blog" Being green is not always straightforward. There are many products on the market, related and non-related to building, that make claims about their environmental benefits and impacts. There are many service providers that make similar claims. But not all products and services live up to their billing. Companies marketing themselves or their products as environmentally friendly will have to better qualify those statements, in light of Federal Trade Commission's Green Guides. The Green Guides have been around since 1992. The latest version was updated in 2012. They "outline general principles that apply to all environmental marketing claims and provide guidance regarding many specific environmental benefit claims." The purpose is to cut down on deceptive practices regarding green marketing. The Green Guides are not law and are not independently enforceable. But, the FTC can take action if someone or some entity makes an environmental...
Looming deadlines for Condominium Associations for construction defect claims....
By Mark J. Stempler
As more state and local governments incorporate green building standards into public construction projects, it becomes important for participants such as contractors and design professionals bidding on those projects to pay attention to the "green" details....
by Mark J. Stempler The newest version of the popular LEED Green Rating System is affirmed. The U.S. Green Building Council (USGBC) announcced that its membership voted to adopt LEED v4 by an overwhelming 86%. This version of LEED has been in the works for a few years. Ultimatly, it withstood controversy and was refined through several public comment periods. Changes in LEED v4 from the current version (adopted in 2009) include: * A new credit category - Location and Transportation; * A new credit in the Sustainable Sites category - Rainwater Management; and * New prerequisites in the Water Efficiency category; and * New requirements for the use of LEED AP's for specific credits. There are several other additions and changes in LEED v4 which will affect numerous types of buildings. For the complete list, check out http://new.usgbc.org/v4. The full LEED v4 program, along with reference guides, will be unveiled at this year's Greenbuild conference in Philadelphia...