Insurance & LEED Requirements Michael Vieira | 16 Jul 2009
Hawaii LEED Count Reaches 146 Projects
According to the United States Green Building Council (”USGBC”), as of July 14, 2009 there are 146 projects registered for LEED certification. Registering a LEED project is the first step toward earning LEED certification.
Of the 146 registered projects in Hawaii, the following 14 Hawaii projects have attained LEED certification:
Case Middle School, Punahou School – Gold
AIA Honolulu Chapter Office – Gold
1779 Palolo Chinese Home – Certified
Group 70 International-Ground Floor – Silver
Imiloa Astronomy Center of Hawai’i - Certified
Hawaii Baptist Academy Middle School – Gold
Waipahu Intermediate Cafeteria – Certified
Dowling Company Office – Certified
Botanical Research Center – Gold
Hawaii Gateway Energy Center at NELHA – Platinum
Frear Hall, University of Hawaii at Manoa – Silver
40 South School Street – Silver
Castle and Cooke New Storage Facility – Certified
Hilton Waikoloa Dolphin Quest Village – Silver
According to the USGBC, LEED “is an internationally recognized green building certification system, providing third-party verification that a building or community was designed and built using strategies aimed at improving performance across all the metrics that matter most: energy savings, water efficiency, CO2 emissions reduction, improved indoor environmental quality, and stewardship of resources and sensitivity to their impacts.” As of April 2009, there were 19,524 LEED registered projects, and 2,476 LEED certified projects worldwide.
Green Building & Insurance & Litigation Michael Vieira | 17 Jun 2009
Green Claims, Will You Be Covered?
Will increasing numbers of green building projects create a wave of litigation? While legal commentators have been predicting a boom in lawsuits, green claims are already here.
Here is a brief summary of just some of the actual green claims brought against engineers and architects, according to Frank Musica, an attorney at insurance underwriting manager Victor O. Schinnerer & Co. in Chevy Chase, Md.
-Claim that windows in a university library designed to bring in fresh air instead brought in air contaminated by pigeon droppings that accumulated under a rooftop solar shade.
-Mold issues related to moisture retention of cork flooring.
-Construction delays caused by the unavailability of a specific green building product recommended by an architect.
-Completed project’s failure to reduce energy costs as required in a design contract.
-Alleged negligence of an architect for specifying a solar shading system that was covered by an enforceable patent.
Green building disputes spread much further than liability for a project’s failure to acquire a specified LEED certification. The risks are real and each party involved with a green building project must consider the risks and benefits in submitting bids and negotiating contracts. Stakeholders should consult with counsel with knowledge of green building certification.