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Green and Sustainable Design by Tom Harkins, Willis A&E
reen and sustainable design is not a new concept. This practice goes back to ancient Romans practicing green and sustainable design by facing their doorways and windows to the south and using mica and glass around them to form a solar heat. So why has this become such a popular design, legal and risk management topic? One reason is that many federal agencies as well as state and municipal governments now require that public buildings meet green standards. According to the latest statistics from USGBC, various LEED initiatives including legislation, executive orders, resolutions, ordinances, policies, and incentives are found in 45 states, including 442 localities (384 cities/towns and 58 counties), 35 state governments (including the Commonwealth of Puerto Rico), 14 federal agencies or departments, and numerous public school jurisdictions and institutions of higher education across the United States. Another reason is that lawsuits related to green and sustainable design have recently made headlines across the country. In New York City, Leonardo DiCaprio, Tyra Banks and other celebrity homeowners are suing their condo tower builder over claims that their units are not as efficient as expected. In Maryland, a developer sued (and settled with) a builder who failed to attain LEED certification. While many risks of green and sustainable design are the same as conventional construction, from an insurance and risk management point of view, when you add green design/sustainability in addition to efficiency targets to the mix, as well as being required to attain third-party levels of certifications, the design professional is elevating their risk for these projects. In addition, because design professionals are utilizing cutting edge, and often unproven, technology, green and sustainable design lends itself to legal risk that conventional construction does not.
sustainable design may soon find that they will be held to the standard expected of a LEED Accredited Professional or some similarly green-credentialed design professional. In addition, many professional associations have added sustainability to their ethical guidelines. In December 2007, the AIA Board of Directors added sustainability to the AIA Code of Ethics governing members’ conduct. Added was "Canon VI, Obligations to the Environment," which contains a requirement that AIA members promote sustainable design.
The stated goal of the LEED system is to distinguish building projects that have demonstrated commitment to sustainability by meeting the “highest green building and performance measures.”
Standard of Care While the standard of care for design professionals will continue to evolve as a result of LEED, Architects and engineers who decide to enter the world of green and
Systems / Components Manufacturers are putting new products on the market with limited time allocated for research and virtually no product history of performance. Design professionals could become targets for claims if these products do not perform as advertised. To mitigate this liability, the design professional should disclose the use of any untested or unproven products and if possible the risks associated with the client. Warranties The stated goal of the LEED system is to distinguish building projects that have demonstrated commitment to sustainability by meeting the "highest green building and performance measures." Design professionals should know (Continued on page 12)
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LICENSED ARCHITECT • VOL 15 NO. 2 • SUMMER 2011
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