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Construction contract issues for green building projects

In the Bay area many construction projects now include many green building features, including LEED certification. There are unique risks, responsibilities and procedures for construction projects seeking LEED certification. It is important for these issues to be addressed in construction projects. Despite the number of green building projects being completed now, construction contracts have not kept pac

There are many issues that a LEED building project should address in a contract. These include:

  • Who is responsible for compiling and providing documentation for certification?
  • Who pays for required tests, inspections and approvals?
  • Provision that identifies the sustainable standard.
  • If the building requires third-party certification.
  • If an employee or subcontractor need prior green-building experience.
  • Any unusual documentation requirements.
  • Are contractors or subcontractors responsible for submittals of product data?
  • Where construction debris is sent.
  • Is the final completion date when project is certified?
  • If the building is not certified is that consequential damage.

Contractors in the green-building industry may find it helpful to have an attorney who understands this segment of the construction industry. An attorney can help builders create and manage contracts with their clients and subcontractors in order to meet LEED standards. They have the expertise and experience to provide creative and economical solutions to meet their client’s goals and needs. They understand that their client’s project is unique and difficult. They can handle a broad array of services during every phase of construction. This includes contract drafting, formation and negotiation, claim assistance during construction and post-construction claims resolution procedures and trial.