Hawaii Green Building Law

I previously wrote about complaints filed by Minnesota roofers being paid as landscapers working on green roofs.

The landscaper vs. roofer debate also was raised in Chicago. Unionized roofers in Chicago raised the issue of whether work on green roofs should be done by roofers or landscapers. The Chicgo roofers claimed that they should be entitled to some of the work that was being done by landscapers on two Chicago public schools.

The National Labor Relations Board (”NLRB”) ruled against the roofers. Because “all the green roof work, including the disputed work, occurs above the roof membrane” and involves no altering of the roof surface itself, the NLRB ruled that a roofing license was not necessary. The NLRB determined that landscapers could install green roofs more efficiently and economically than roofers.

In response to the NLRB’s ruling, the Chicagoland Roofing Council identified interesting liability issues:

“If a leak in the roof develops after the landscaping is installed and it’s not installed by a roofer, who does the owner turn to?” “It’s one of many complicated issues involving green roofs.”

No matter which trade is installing vegetation, it is important to have clear contracts that address who will be responsible for defects.

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