The Law of Green Building Green Building Council Tidewater Builders Association July 3, 2008 Marina Liacouras Phillips Kaufman & Canoles 150 W. Main Street, Suite 2100 Norfolk, VA Phone:

Two Legal Issues Development of Green Building Standards Limiting Green Building Liability

DEVELOPMENT OF GREEN BUILDING STANDARDS

What is green building? Scope is broad/no set definition Multi-disciplinary solution

Green Building Standards No National Regulatory Standard Private Voluntary Standards Being Established

National Efforts Leadership in Energy and Environment Design (LEED): Energy Star-appliances WaterSense toilets and faucets EPA Voluntary Standards Green Globes Standard:

National Association of Home Builders: - Working with International Code Council and Green Building Council: - Builds on NAHB Model Green Building Model Home Building Guidelines:

Local Efforts Virginia Code is silent City Codes EarthCraft House Virginia:

LIMITING GREEN BUILDING LIABILITY

1.Tort Liability Negligence Breach of standard of care Mold claims

2. Contract Liability Breach of warranty Misrepresentation Damages

3. Leasing Issues Are personnel trained? Can lease be terminated? 4. Trademark Claims 5. Antitrust 6. Insurance Coverage

Steps to Take: Control customer’s expectations Contract documents are key Agree to specific terms and clear goals Don’t forget advertising documents Review credentials of subs/suppliers Communication