By NED RANDOLPH
As property owners embrace energy-saving practices in their construction projects — and spend more money to achieve the cachet of having a building certified by the U.S. Green Building Council — some industry observers expect an inevitable increase in contract disputes if projects fall short of expectations.
The internationally recognized USGBC has become the gold standard for certifying buildings through its nine-year-old Leadership in Energy and Environmental Design, or LEED, program.
Pamela Lawton Wilson, an attorney with Wertz McDade Wallace Moot & Brower in San Diego, says drafting contracts between development stakeholders takes unique knowledge about LEED responsibilities and understanding the role of all parties.
“There’s new doctrine out there about how to write leases and construction contracts, so that you minimize chances of dispute,” said Wilson, who recently received LEED professional accreditation following a contract dispute on a LEED project.
“LEED is very exacting. To get certification levels like gold and platinum, it’s an interactive process back and forth with the Green Building Council,” she said. “People are going to wind up in litigation if something doesn’t pan out.”
While some property owners eschew the additional paperwork to document each phase of construction, demolition and debris removal, which is required for LEED certification, others are willing to pony up the expense.
“To me, LEED is like a symbol right now — to say you have a LEED-certified silver or platinum building,” said Sophie Akins, an environmental attorney with Best Best & Krieger which has offices in San Diego. “It’s a nice resume builder.”
And it’s still relatively uncommon to achieve.
Many Try, Few Succeed
According to U.S. Green Building Council spokeswoman Ashley Katz, there are 25,460 registered LEED projects worldwide, including 3,519 in California. These registered projects are striving for LEED certification.
But only 423 projects in California have been certified, including 37 in San Diego County.
All building types can be certified, including new construction and major renovation; existing structures, commercial interiors; core and shell; schools and homes.