Schinnerer's RM Blog - leed tag

Green Buildings Surviving Disasters

Tue, 24 Apr 2012 12:42:00 GMT

The ability of a building to withstand natural disasters such as hurricanes and earthquakes is not currently taken into account by the United States Green Building Council’s Leadership in Energy and Environmental Design (LEED) rating system that rewards buildings for being sustainable. However, this may eventually change, as architects have been pointing out that a green building is one that doesn’t have to be rebuilt after a disaster. This is a valid point, due to all of the energy and materials that are necessarily expended during new construction. While it may take years for LEED to incorporate the resiliency of a building into its rating system, LEED does recognize that the ability to withstand disasters is an important aspect of sustainable structures.

Airport Terminal in San Francisco Awarded LEED Gold Certification

Tue, 13 Dec 2011 14:34:00 GMT

The new Terminal 2 at San Francisco’s International Airport has been awarded LEED™ Gold certification for sustainable building. According to news reports, it is the first airport facility in the United States to achieve the ranking. The terminal cost $383 million and earned the LEED™ Gold certification status because of the many attributes that support green building practices.

Planting Roots for Sustainable Living

Thu, 08 Dec 2011 13:17:00 GMT

They say that old habits die hard. A Connecticut prep school is taking action to ensure that good habits as they pertain to sustainable living are instilled at a young age. Choate Rosemary Hall, in Wallingford, CT, will open the Kohler Environmental Center next fall. The center was made possible through a $20 million gift from Choate alumnus Herbert Kohler (CEO of Kohler Co), and was designed by Graham Wyatt and Kevin Smith of Robert A.M. Stern Architects.

As reported by Fast Company magazine, the 31,325 LEED Platinum facility will allow students to live there while competing against each other as they attempt to live their daily lives in the most sustainable way, in addition to creating and implementing an environmental project. As Linda Tischler writes:

The challenge is that while they're enjoying their new digs, they will constantly be managing their environment to try and be net zero—that is, they can't consume more energy than the building produces. The building's needs will be provided by a 325-kilowatt photovoltaic array, a roof-mounted solar water-heating system, a geothermal heat pump, a water-recycling system, and waste vegetable oil. Choate is considering installing stationary bikes so students themselves can generate power.

As a member of the Eight Schools Association, Choate is hoping that this experiment will spread to other schools and teach students about how their daily activities impact the environment and how little changes can add up to a big difference.

Colleges Face Pressure to Incorporate Sustainability

Tue, 30 Aug 2011 12:36:00 GMT

Traditionally, high school students in the United States have selected colleges based on a myriad of factors such as affordability, academics, and football programs. According to the New York Times, prospective students are now asking about a school’s sustainability practices and initiatives. In the competition for students, colleges now have to deal with various groups that are evaluating schools on their environmental commitments and making the results available for prospective students in the form of rankings. The rankings published by these groups examine things like LEED certification, environmental research, and green career training. Societal expectations combined with active student bodies agitating for the adoption of sustainable practices are forcing college administrators to adopt and implement sustainability practices.

LEED Certification

Thu, 14 Apr 2011 18:25:00 GMT

The increasing emphasis on sustainability and high-performance buildings presents both opportunities and risks for design professionals. The most important factor in preventing claims based on the underperformance of a sustainable design is that all parties involved understand, and acknowledge in writing, the inherent risks with such a project, the factors that make the outcome unpredictable, and the limits and responsibilities of each stakeholder to manage risks.

We recently reviewed a contract that contained the following provision:

In the event Owner requests but is denied the level of LEED certification it seeks from the U.S. Green Building Council because of deficiencies that are the fault of Engineer with regard to the design or construction of the Project, the required records of the construction or otherwise, then, in such event, Engineer shall be liable to Owner for all costs, expenses, losses, liabilities, diminished value or other damages incurred by Owner as a result of not obtaining such level of LEED certification.

This language increases the insured’s liability to beyond what is expected under the law and could result in claims not covered by insurance. Under U.S. common law, design professionals have the responsibility of using due care in providing their services. There is no warranty of the efficacy of professional services, nor does the design professional provide a warranty for the work of the contractor or others based on the services or instruments of service provided by the design professional. Professional liability insurance policies exclude coverage for claims arising out of express warranties or guarantees. Because coverage is for professional services provided, and not assumed contractual obligations, professional liability insurance does not "stretch" to provide coverage for a warranty of services beyond meeting the standard of care.

Establishing reasonable expectations at the beginning of the project is vital. One way to avoid unreasonable contractual provisions and unrealistic expectations is by informing the client that design services are recommendations that the client has to understand, and once satisfied, accept. It is essential to avoid language that could be construed to establish a warranty of service or results.

The following is an example of language that can be used when a client wants third-party certification of sustainability:

Client has made Design Firm aware that Client intends to pursue [specific certification standard] for this Project. Design Firm shall research the applicable certification requirements, design the Project with the intention of having the Project meet the requirements, and document the design of the Project for submission by the Client to the certifying organization. Client recognizes that certification is not based on design alone, but also on the construction, operation, and maintenance of the Project and therefore agrees that it shall bring no claim against Design Firm if the project is not certified as intended, unless the negligence of the Design Firm is the sole cause of the Project not being certified.

Client also recognizes that during the design of the Project, Design Firm shall use professional judgment in the selection of materials, products, and systems for the Project with the goal of meeting certification criteria, but that Design Firm cannot and does not warrant the performance of any specified material, product, or system. Design Firm will identify for Client any material, product, or system that, in the Design Firm’s judgment based on examination of available performance information, might provide Client with a benefit on this Project, but does not have adequate information on its performance in actual construction or operation. Client acknowledges that it shall look solely to the manufacturer, supplier, or installer of materials, products, or systems if performance does not meet expectations.

Contractual provisions such as disclaimers and other exculpatory language need to be worded carefully and should be drafted with the assistance of local legal counsel.