In addition to defining “sustainable” or “green,” carefully crafted contract documents for a sustainable construction project will define additional vocabulary terms such as “sustainable objective,” “sustainability plan,” “sustainability documentation,” “sustainability certification,” and “sustainability measure” as indicated in the American Institute of Architects (“AIA”) Sustainable Project (“SP”) model contract documents. The following definitions are simplified versions of the definitions defined and incorporated throughout the AIA SP contract documents.
As will be discussed further in Part Two of this article series, careful consideration in defining these contract terms is oftentimes of critical importance when the project fails to obtain certification or perform as expected. Additionally, Part Two of this article series will identify certain risks that owners, general contractors, subcontractors, and other construction professionals should be aware of before undertaking a “green” construction project.
ABOUT THE AUTHOR
Richard Glucksman is a founding partner of Chapman, Glucksman, Dean, Roeb & Barger which has offices throughout California. Mr. Glucksman is an AV Preeminent Rated Lawyer with Martindale-Hubbell, which is the highest rating available. He has been named “Super Lawyer” for the last 8 years, including 2015. He is well known in the construction and business legal community for his representation of builders, developers and business clients. Mr. Glucksman specializes in complex multi-party litigation, including construction defect claims, environmental, commercial, business and catastrophic casualty litigation.
2 http://www.usgbc.org/articles/leed-certification-update-september-2015; http://www.usgbc.org/articles/leed-certification-update-august-2015;
Legal Disclaimer. Views expressed here do not constitute legal advice. The information contained herein is for general guidance of matter only and not for the purpose of providing legal advice. Discussion of insurance policy language is descriptive only. Every policy has different policy language. Coverage afforded under any insurance policy issued is subject to individual policy terms and conditions. Please refer to your policy for the actual language.
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