A recent article at the Ahead of Schedule Blog brings up a project owner’s perspective on “green” building.

The article starts by stating that:

Despite the explosion of articles, seminars and webinars on green building and development during the last year or so, there is a dearth of information in the development world regarding what project owners and developers who do want to build a green project should actually put in their design and construction contracts.

The post then lists several good points regarding what a construction project owner should look for and request in its contracts, particularly with a design professional.

Construction Law Musings generally discusses these issues from a contractor, sub-contractor or construction attorney’s perspective and the potential liability inherent in constructing such projects and this article has much to recommend it, and not just from an owner standpoint.  The fact remains that owners will be seeking sustainable building, whether through LEED or some other energy efficiency or environmental measure.  Project Owners will either chose sustainable building for economic or moral reasons, or through government mandate.

Knowing the other side’s playbook is one way that a football team can prepare, the same holds true in pre-construction negotiation of contracts. Knowledge of the types of contractual provisions an owner will seek to include in a construction contract can and will go a long way toward a general contractor’s ability to negotiate a proper contract, both with the owner and its subcontractors.  A working knowledge of the possible issues between owners and architects will inform a contractor’s working knowledge of the benefits and potential liabilities inherent in “green” building and keep it ahead of the curve.  Such knowledge will also go a long way toward dealing with these issues of human action and the long time horizons inherent in sustainability.

In short, just like a football coach who would love to know the other teams next play, contractors should be sure to check out this article and it’s insight into an owner’s “playbook.”

Update:  For more on this check out Tim Hughes’ post at the Virginia Real Estate, Land Use and Construction Law blog.

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