GREEN BUILDING

Lang Baker & Klain’s construction lawyers help Arizona contractors and subcontractors profit from green building opportunities

Our green building services include:

Drafting of green construction contracts
Assistance in obtaining LEED certification and complying with LEED prerequisites
Representation in LEED certification challenges
Complying with other green building standards

Mike Thal, an active member of the Green Building Council, monitors the latest developments in sustainable design and green building laws and standards. We can help you take advantage of opportunities in green building projects – from inception to substantial completion – while minimizing costs and risks associated with doing business in this rapidly growing and often complicated area of construction.

Green Contracts. Advising you on the benefits and impacts of green building that increase each project’s efficiency and marketability is just one of sustainability services. LEED projects entail risks and responsibilities that must be carefully and properly allocated in preparing project documentation, including the owner-contractor agreement and the owner-architect agreement. We can help you identify, manage and avoid risks inherent in green building, particularly risks arising from contract negotiation, drafting and performance.

LEED Certification. Many private and public green building projects are approved with a goal of achieving a specified level of LEED certification. We help contractors navigate the process for obtaining LEED or other types of certification. In addition, we can provide advice on green building and ENERGY STAR™ requirements for new commercial and residential buildings, as well as retrofits and renovation, and we can advise on best practices to comply with the International Code Council’s ANSI-approved National Green Building Standard.

LEED Certification Challenges. Because they can be initiated by anyone, at any time, for any reason, challenges to LEED certification are among the most significant legal risks for LEED certified projects. We can help you understand the implications and liabilities created by the LEED certification challenge process and can defend you against certification challenges.

Compliance. As the federal government, states and municipalities continue to adopt green building standards and provide tax and other incentives for green construction, we can advise you on which green building standards might apply to your project and how to maximize compliance. ■

about green building

In Arizona and nationally, new construction and remodeling activity is increasingly focused on green building (also known as green construction or sustainable improvements), thanks to growing environmental consciousness among owners and consumers and, more recently, federal income tax incentives and dedicated use of economic stimulus funds.

While green building is relatively new within the Arizona construction industry, it is not a short-term fad. The strong support of federal, state and local governments virtually ensures that green building is here for the long term.

What is “green building”? Green building (also known as “green construction” or “sustainable building”) is the practice of creating structures and using processes that are environmentally responsible and resource-efficient throughout a building's life cycle, from siting and design to construction, operation, maintenance, renovation and deconstruction.

What does “LEED” stand for? LEED (Leadership in Energy & Environmental Design) is an internationally recognized green building certification system that provides third-party verification that a project was designed and built using strategies aimed at improving performance across the spectrum of environmental considerations: energy savings, water efficiency, carbon dioxide emission reduction, improved indoor environmental quality, and stewardship of resources.

Developed by the U.S. Green Building Council (USGBC), LEED provides building owners and operators a concise framework for identifying and implementing practical and measurable green building design, construction, operations and maintenance solutions. Other major building environmental tools include Green Globes, Build It Green, Living Building Challenge and the International Green Construction Code.