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Green Building from the Construction Lawyer's Perspective

Green and sustainable construction continues to be the hot topic for the construction industry. During the recession and slow recovery, many developers held off on expensive green retrofits and new sustainable projects despite the potential for significantly lower operating expenses. Construction lawyers need to understand the incentives and the cost-benefit analysis that drives or stalls most green projects.

As the economy brightens, many of these shelved green projects will start moving forward again. Construction lawyers need to be ready for the anticipated flood of green and sustainable projects.

In many jurisdictions, builders may no longer have a choice but to build green and sustainable projects. Federal, state, and local laws now mandate higher levels of energy efficiency and green building practices. For example, California adopted its state-wide green building code, its state-wide building efficiency report card for major lease or sale transactions, and several local mandates and incentives. Nationally, the EPA’s Energy Star program and the U.S. Green Building Council’s LEED rating system are dominating the scene. Construction lawyers need to understand these laws and programs to better represent their clients.

As litigation pertaining to green and sustainable construction increases, construction lawyers need to understand where potential liabilities may arise.

Bryan Jackson, Editor of the Green Building Update, an Adjunct Professor at USC and a Partner at Allen Matkins will present Green Building From The Construction Lawyer’s Perspective on October 25, 2011 at the Los Angeles County Bar Association.