Abstract:
Kathleen O’Brien, LEED AP, CSBA, Cascadia Fellow and Founder, O’Brien and Company, Inc., one of
the first green building consultancies in the country. Nicole DeNamur, J.D. and LEED Green Associate, Pacifica Law Group.
Elizabeth Powers, LEED AP BD+C, LEED AP ID+C, CSBA, Principal, O’Brien and Company. ABSTRACT: The recent emphasis on building design, construction, and
performance has revealed legal challenges and risks an owner or project team
may face when attempting to construct a “deep green” building. The intent of
this article is to encourage and facilitate the development of deep green and high
performing buildings by reducing perceived and actual risks as well as
challenges associated with their development, construction, and operation. This
article explores these risks and challenges through a discussion of specific
examples from two case study projects located in Seattle, Washington. These
examples are arranged in two broad categories: (1) the process of achieving a
deep green, high performing project, and (2) specific aspects of the technology
employed to achieve deep green goals. As most technical challenges that the case
study projects faced could be resolved through process improvements, the reader
will note that solutions identified through the case studies are heavily weighted
toward process. The authors’ recommendations, based on input from policy planners, construction lawyers, and leasing and operations professionals, are
also heavily process-oriented. These recommendations include aligning code with
municipal goals, integrating green codes, leading by example, leveraging
existing regulations, developing demonstration ordinances (for policy planners),
assigning risk reasonably, understanding appropriate responsibilities,
encouraging an integrated process (for construction lawyers), and encouraging
the use of green leases and collection of building performance data (for leasing
professionals).
