Construction Trend Becomes Mainstream: Green/Sustainable Buildings

By Toben, Rodney M. | Dispute Resolution Journal, May-July 2011 | Go to article overview

Construction Trend Becomes Mainstream: Green/Sustainable Buildings


Toben, Rodney M., Dispute Resolution Journal


Anticipating and preparing for disputes arising out of green construction projects.

During the past decade, the construction industry has seen a new trend take hold and even become mainstream in some places -"Green" or "Sustain able Construction." The use of sustainable building features is becoming standard practice as federal, state and local jurisdictions are modernizing building codes and ordinances to require buildings to conserve energy and water and improve air quality. In the future, a significant amount of public, commercial and residential construction projects will incorporate some green elements to one degree or another.

Using sustainable construction does not mean that a project is designed and built in an entirely new way. Traditional design and construction practices continue to be used on green projects. But what is different is that construction design professionals try to meet the owners' desires for a building that improves the health and comfort of occupants, conserves natural resources (for example, using a renewable re source in place of one that is already depleted), and reduces harmful emissions into the environment.

Generally, sustainable construction is more expensive and necessitates an integrated design approach.

Thus, colla bora tion is es - sential among members of the project team. If the owner wants to be able to tell the world that the building was constructed using environmentally responsible design and construction methods, or obtain "Green" certification by an independent certifying body, it will be necessary for the project manager to track and document all sustainable design features and products used on the project, since detailed records must be submitted to the certifying organization.

One of these organizations, the United States Green Building Council's (USGBC) Leadership in Energy and Environmental Design (LEED), requires a project to earn credits in several green categories in order to obtain LEED certification. However, if on-the-job records are not properly maintained, it may be difficult to obtain certain certification credits after project completion, particularly those associated with waste management, construction management, and materials.

At the bidding stage of a green project, the design professionals and the general contractor should thoroughly question the owner about completed project performance expectations in order that the project bid and budget reflect the feasibility of completing the project and obtaining green certification or meeting another environmental standard.

The bidders may wish to suggest that the owner retain a "Green" consultant at inception to advise on green materials and construction and establish a system for documenting green elements used in the project.

It might be very helpful to have a consultant around if the owner requests a change that would have an adverse impact on sustainable elements of the project. If the owner decides to proceed with the change, it may be advisable to amend contracts to reallocate responsibility for the green elements, if changed.

It is possible for a high-performing building to fail to achieve the desired level of certification or a particular green standard (and therefore fail to meet the owner's expectations) for reasons that do not affect the building's performance. For example, failure could be related to improper documenting or implementing some aspect of the project.

Disputes can arise on green construction just as easily as on traditional construction. But be - cause these projects have additional criteria that must be met, it is critical that the entire project team understand the owner's expectations and priorities for the project.

Though it may not be intuitive, they also need to understand what could go wrong. This information can help when it is necessary to decide which contractors, subcontractors and suppliers to use, how to allocate risk and responsibility among them, as well as other issues. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Construction Trend Becomes Mainstream: Green/Sustainable Buildings
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.