1. 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 23510 mlphillips@kaufcan.com Phone: 757-624-3279

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

3. DEVELOPMENT OF GREEN BUILDING STANDARDS

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

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

6. National Efforts Leadership in Energy and Environment Design (LEED): www.usgbc.org Energy Star-appliances WaterSense toilets and faucets EPA Voluntary Standards Green Globes Standard: www.greenglobes.com

7. National Association of Home Builders: - Working with International Code Council and Green Building Council: www.nahb.org/GBstandard - Builds on NAHB Model Green Building Model Home Building Guidelines: www.nahbgreen.org

8. Local Efforts Virginia Code is silent City Codes EarthCraft House Virginia: www.earthcraftvirginia.org

9. LIMITING GREEN BUILDING LIABILITY

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

11. 2. Contract Liability Breach of warranty Misrepresentation Damages

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

13. 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