Construction Risk

What Happens When Green Becomes Code: Do Buildings Get Better or Are Lawsuits Inevitable?

George DuBose, Liberty Building Forensics Group

The inevitable is about to happen and most people don’t even know it is coming — green buildings are going to become, by codification, the law of the land. For some firms, this will just mean business as usual. For other firms, this change will be cataclysmic.

ASHRAE produces standards that are adopted by most model building codes and the ASHRAE Draft Standard 189.1P is the new “Standard for the Design of High Performance Green Buildings Except Low-Rise Residential Buildings.”

This new ASHRAE Standard (currently in its final draft) is written in code language and will have the impact of mandating that all new buildings will be green buildings, thus eliminating the option of constructing anything less robust. Even if this standard is not adopted by all model codes, it will become the de facto standard of care. On the surface this sounds like a very good thing — mandating better performing, more energy efficient buildings, and it certainly has many redeeming aspects.

Here’s the downside:

The inevitable result is that everyone will quickly morph into a green practitioner and the true marketplace differentiators (those with experience and unique technical expertise) will become difficult to discern. While codes can dictate that the industry follows certain standards, it cannot mandate that they get correctly implemented — with an increase in design and construction deficiencies and lawsuits being the inevitable result.

Recognizing that this new standard (due to be issued in final form in 2010) could be a game-changer in the building marketplace, what’s the path forward?

About the Author: George DuBose is with Liberty Building Forensics Group, located at 3700 Dohnavur Drive, Zellwood , FL 32798 ; phone 407.703.1300; e-mailg.DuBose@libertybuilding.comhttp://www.libertybuilding.com.

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