by By Gina M. Vitiello, LEED AP — What does the term green building really mean and why are construction and facility managers working overtime on sustainability directives? Green building is a mixture of components including site planning, indoor environmental quality, materials use, and energy and water management. By combining these practices, buildings across the United States are creating environmental benefits which will have lasting affects. In fact, when executed correctly, green building has the capacity to reduce:
- Energy use by as much as 50 percent;
- CO2 emissions by up to nearly 40 percent;
- Water use by up to 40 percent; and
- Solid waste by as much as 70 percent.
Why go green now?
Green building practices—including energy efficiency—are quickly becoming the norm. In this age of rising energy costs and reducing carbon footprints, the construction of new buildings and the facility management of existing structures now require the implementation of energy efficient operations and sustainable building strategies.
Moreover, with an eco-friendly administration in the White House, mandates have been put in place for sustainable building practices in major cities across the U.S. In fact, the U.S. House of Representatives voted 219—212 in June 2009 to pass H.R. 2454 (now H.R. 2998), the American Clean Energy and Security Act of 2009. H.R. 2998 will make a number of changes in energy and environmental policies largely aimed at reducing emissions of gases that contribute to global warming. The bill will limit or cap the quantity of certain greenhouse gases emitted from facilities—which generate electricity—and from other industrial activities between 2012 and 2050.
As a result of this and other recent legislation in the U.S., the demand for green building has greatly risen. In fact, green building practices are expected to grow 400 percent by 2010. Why is this increase in demand anticipated? In addition to an unprecedented number of government initiatives, there is a heightened residential demand for green building. Recent years have also seen improvements and cost reductions in sustainable materials—making it much easier and cheaper to build more sustainably.
Measurement tools
There is no national legislation or regulation that defines the standards for green building in the U.S. At this point, one of the most widely recognized and utilized standards is the LEED© (Leadership in Energy and Environmental Design) certification program developed by the U.S. Green Building Council.
Architects, real estate professionals, facility managers, engineers, interior designers, landscape architects, construction managers, lenders and government officials use the LEED designation because it is recognized both in the U.S. and internationally as a credible standard. The criteria set forth in the LEED programs address the complete lifecycle of buildings—providing owners and operators with a concise framework for identifying and implementing practical and measurable green building design, construction, operations and maintenance solutions.
There are many benefits that come with attaining LEED certification for a building project. It offers compelling proof to clients, peers and the public that clear and concise environmental goals have been set and achieved. LEED certification allows facility managers to take advantage of a growing number of national, state and local government incentives. It can also help boost third party interest in a building project.
The USGBC has assigned four levels of LEED certification: Certified, Silver, Gold and Platinum. Each level corresponds to a range of total credits accrued in six green design categories, which include Sustainable Sites, Water Efficiency, Energy and Atmosphere, Materials and Resources, Indoor Environmental Quality and Innovation in Design. LEED standards cover new commercial construction and major renovation projects, as well as interiors projects and existing building operations. The newest version of LEED (LEED v3) incorporates commercial core and shell construction and schools into the new construction and existing building operations standards. In addition, the USGBC is developing programs specific to neighborhood developments and health care facilities.
LEED projects must meet mandatory prerequisites in several core categories and earn the minimum credits for the selected rating system. Examples of prerequisites include features such as erosion control and construction site pollution reduction for Sustainable Sites, and minimum energy efficiency requirements for Energy and Atmosphere. Points are allocated across each of the core categories and—according to the LEED New Construction and Major Renovation version 2.2—are distributed as follows:
- Sustainable Sites: 14
- Water Efficiency: 5
- Energy and Atmosphere: 15
- Materials and Resources: 13
- Indoor Environmental Quality: 15
- Innovation in Design: 7
It is important to note that because technologies constantly evolve and sustainability practices continue to advance year after year, the USGBC updates guidelines for the LEED green building certification program on an ongoing basis. The new LEED v3 was introduced in April 2009 and will be the standard used for new projects registered with USGBC for accreditation.
LEED sweeps the United States
Though the number of LEED projects is more robust in some states versus others, every state across the U.S. is doing its part to construct, maintain and operate greener buildings. As of March 2009, the U.S. had 19,524 commercial LEED-certified and registered projects—and the numbers continue to rise at a rapid rate.
The LEED accreditation program launched in 2001 and enables building professionals to gain the knowledge and skills to successfully steward the LEED certification process encompassing every aspect of building construction, design and maintenance. LEED Accredited Professionals (APs) demonstrate a thorough understanding of green building practices and principles, and the complex LEED rating system. It is common for project teams to be comprised of several LEED APs, from design professionals to specialty contractors.
Given the complexity, and sometimes ambiguity, of environmental regulations and any associated tax incentives for going green, everyone from facility managers to developers can benefit by partnering with a LEED AP—one with full command of the latest sustainable practices and the legal acumen to counsel clients on how to get the most out of their building project. The future of construction: LEED-accredited attorneys
There are more than 75,000 people who have earned LEED accreditation status to date. However, it is also unique for attorneys to possess this designation. For attorneys who focus primarily on the construction and real estate industries, obtaining the added knowledge and understanding of the ever-evolving green building industry can mean the difference between general legal advice and specific and strategic sustainability-based legal counsel capable of advising on the latest available technologies and implementation strategies for achieving LEED certification on building projects. As the green building industry emerges, it brings with it new legal issues that have not been encountered in the past. Without laws and cases addressing these issues, many green building legal issues are novel and must be resolved without looking to past legal precedents. LEED AP attorneys are adept at identifying and helping clients avoid the potential myriad of issues that may arise on sustainable building projects and green leases.
LEED AP attorneys provide a unique two-pronged approach to clients in the construction and building management industries by supplying the legal expertise needed to craft solid contracts and agreements and by knowing and understanding green strategies that work from start to finish. Attorneys who possess LEED insight and knowledge can assist facility managers and building operators in dealing with new construction or retrofit projects involving lighting and power reduction, renewable energy technologies, water conservation and heating, ventilation and air conditioning retrofits to meet national sustainability guidelines. LEED AP attorneys also bring added value to drafting and negotiating leasing contracts because they understand the unique features of green buildings that are appealing to tenants, as well as those issues that are common points of negotiation or disputes. By addressing those properly in the lease, attorneys help clients avoid costly litigation that arises from misunderstandings or unwritten terms.
In addition, LEED AP attorneys have the unique capability to advise clients on the various tax incentives available on the local level and from the national government to ensure that LEED-certified projects are as cost efficient as possible. To maximize the benefit of these incentives, building owners and facility managers must know about the tax incentives before the design is complete or the green strategies are implemented. This ensures that the requirements of the tax incentives are incorporated into the project.
Opportunities for incentives can be lost if the tax provisions are merely a secondary thought or if they are considered after the project is underway or completed. This combination of expertise enables LEED AP attorneys to understand the many variables to green building—allowing them to be a true partner from design to construction and building operations.
LEED AP attorneys spend up to a year deeply immersed in the study of sustainable best practices. Because green building practices are flexible, LEED continues to evolve, taking advantage of new technologies and advancements in building science while prioritizing energy efficiency and CO2 emissions reductions. As LEED guidelines progress, LEED APs must continue to educate themselves to stay up-to-date on the latest sustainability practices that will assist clients in achieving their environmental goals.
Successful green building requires concentrated coordination of several disciplines. Many project teams do not remember to include legal issues in their early coordination efforts when those legal issues are most easily and affordably addressed. For clients in the construction industry, working with a LEED AP attorney can provide a host of benefits throughout each phase of a project. In addition, having a LEED AP attorney on the construction team provides one credit toward obtaining LEED certification for the entire building project or the retrofit of an existing building.
About the author
Gina M. Vitiello, LEED AP, was one of the first 12 attorneys in the state of Georgia to obtain LEED accreditation from the U.S. Green Building Council. Vitiello, a partner in the construction and commercial litigation practice with national law firm Chamberlain Hrdlicka in Atlanta, Ga., represents clients in contract negotiation matters, dispute avoidance/resolution and litigation. For more information, visit www.chamberlainlaw.com.