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By Derrick Teal

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The aggressive marketing of those in the green construction industry, including manufacturers and consultants, which are then passed along by the design professional could possibly lead to allegations of fraud when the end product does not measure up. Moreover, construction professionals must be careful with the representations they are making about their qualifications and experience with green building, which could elevate the standard of care to which they are held. Questions and claims have arisen on a variety of issues.

For example, what if the building was intended to meet certain LEED certification or other green standards but ended up falling short of the requirements? What if it failed to receive expected tax breaks — either due to delay or performance? How do you incorporate and handle changes in the code requirements as more and more municipalities attempt to green their legislation? Are there patent issues to consider with these new green technologies? Understanding the green construction market will help design professionals and builders understand and reduce the inherent risks.

S. 3). The National Society of Professional Engineers also requires its engineers to adhere to the principles of sustainable development. The AIA Form B101-2007 has attempted to provide limited guidance within the contract, requiring that the architect discuss the feasibility of incorporating environmentally responsible design with the owner. 3) While the professional societies are embracing the green movement, they have not yet caught up to the times in providing the framework to handle the potential claims.

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