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Inaugural Green Schools Rally Approved for GBCI Credits

January 27, 2012 by David Scott

The inaugural Green Schools Rally, set for February 22, 2012, at the Reynoldsburg eSTEM Academy near Columbus, has been approved for GBCI Credits.  This author will join Luther L. Liggett, Jr. in presenting at the Rally on the subject of Green Building Legislation and Advocacy, in relation to green schools and the broader green building movement.

With its LEED-Silver mandate for public school construction, Ohio leads the nation with approximately 300 LEED certified or registered school projects.  The inaugural Ohio Green Schools Rally (hosted by the USGBC – Central Ohio Chapter) will bring together some of our region’s leading construction industry professionals and school administrative decisionmakers at a unique, informative, and ground-breaking event.

Attendees will tour an exceptional high-performance green school (1.5 GBCI CE’s), attend one of three educational presentations (each approved for 1.5 GBCI CE’s), and hear a keynote address from Rachel Gutter, Director of the USGBC Center for Green Schools (approved for 1 GBCI CE).

For more information about the event, and to register, visit http://ohiogreenschoolsrally.eventbrite.com/.

Posted in Central Ohio, Ohio, National, Southern Ohio, Northern Ohio, LEED | Leave a Comment »

Guest Post by Dave Scott on Green-Talk.com

January 20, 2012 by Tim Clayton

Check out the guest post about LEEDigation on Green-Talk.com by OGBL’s very own Dave Scott by clicking HERE.

Posted in Ohio, National, LEED, LEED v3, Green building litigation, Leedigation | Tagged | Leave a Comment »

US Military Putting LEED to the Test

January 17, 2012 by David Scott

A colleague recently asked about the energy management provisions of the recently-passed National Defense Authorization Act (“NDAA”), particularly the purported retreat from LEED.

Far from abandoning the standard, the military is actually required to justify it.  Not only do I have no problem with that, but I think the government should take the concept to its logical conclusion and start demanding favorable cost/benefit for all manner of programs.

Here’s a snapshot of the relevant text from the NDAA:

SEC. 2830. REPORT ON ENERGY-EFFICIENCY STANDARDS AND

PROHIBITION ON USE OF FUNDS FOR LEADERSHIP IN

ENERGY AND ENVIRONMENTAL DESIGN GOLD OR PLATINUM

CERTIFICATION.

(a) REPORT REQUIRED.—

(1) IN GENERAL.—Not later than June 30, 2012, the Secretary

of Defense shall submit to the congressional defense

committees a report on the energy-efficiency and sustainability

standards utilized by the Department of Defense for military

construction and repair.

(2) CONTENTS OF REPORT.—The report shall include a cost/benefit

analysis, return on investment, and long-term payback

for the following design standards:

(A) American Society of Heating, Refrigerating and

Air-Conditioning Engineers (ASHRAE) building standard

189.1-2011.

(B) ASHRAE building standard 90.1-2010.

(C) Leadership in Energy and Environmental Design

(LEED) silver, gold, and platinum certification, as well

as the LEED volume certification.

(D) Other American National Standards Institute

accredited standards.

(3) ADDITIONAL CONTENTS OF REPORT.—The report shall

also include a copy of Department of Defense policy prescribing

a comprehensive strategy for the pursuit of design and building

standards across the Department that include specific energy efficient

standards and sustainable design attributes for military

construction based on the cost-benefit analysis, return

on investment, and demonstrated payback required by subparagraphs

(A), (B), (C), and (D) of paragraph (2).

(b) PROHIBITION ON USE OF FUNDS FOR LEED GOLD OR PLATINUM

CERTIFICATION.—

(1) PROHIBITION.—No funds authorized to be appropriated

by this Act or otherwise made available for the Department

H. R. 1540—399

of Defense for fiscal year 2012 may be obligated or expended

for achieving any LEED gold or platinum certification.

(2) WAIVER AND NOTIFICATION.—The Secretary of Defense

may waive the limitation in paragraph (1) if the Secretary

submits a notification to the congressional defense committees

at least 30 days before the obligation of funds toward achieving

the LEED gold or platinum certification.

(3) CONTENTS OF NOTIFICATION.—A notification shall

include the following:

(A) A cost-benefit analysis of the decision to obligate

funds toward achieving the LEED gold or platinum certification.

(B) Demonstrated payback for the energy improvements

or sustainable design features.

(4) EXCEPTION.—LEED gold and platinum certifications

shall be permitted, and not require a waiver and notification

under this subsection, if achieving such certification imposes

no additional cost to the Department of Defense.

A couple things jump out at me.

First, the June 30, 2012 deadline for the Secretary of Defense to submit to the congressional defense committees a report on the energy-efficiency and sustainability standards utilized by the Department of Defense for military construction and repair.  This sounds to me like a cost/benefit analysis of standards such as LEED.  I don’t see why the USGBC should be afraid of scrutiny.  Let’s put the rating system to the test and see if the buildings perform as advertised.  Of course, I would hope/expect that the evaluation of buildings will take into account factors such as occupant usage and systems upkeep, because variables such as those can dramatically impact results.

Second, the prohibition is only against LEED Gold or Platinum, and the prohibition does not apply if there is no additional cost.  The Secretary of Defense may also waive the prohibition if notice and justification for the pursuit of Gold or Platinum is provided.  Again, this sounds to me like a demand for a return on the green building investment, and there’s nothing inherently wrong with that.

Might this demand for cost/benefit justification be applied equally to other facets of the government?  We should be so lucky!  For example, here’s to the government evaluating the cost/benefit of subsidizing fossil fuels (subsidized at 6X the rate of renewables).  How about the ROI on the $16.9 billion in taxpayers’ dollars spent in the past 16 years to subsidize corn syrup, high fructose corn syrup, corn starch, and soy oils?  Don’t even get started about ethanol subsidies, which seemingly expired but in truth simply changed form.

I’ll wait with baited breath to see if LEED is worth the green, and for the day that our government demands as thorough a cost/benefit analysis of other government-supported programs as it demands of LEED.

Posted in National, Codes and Regulations, Federal, LEED | Leave a Comment »

San Fransisco’s New Green Leasing Toolkit

January 16, 2012 by Tim Clayton

Following closely in New York City’s footsteps, San Fransisco recently released  a free, on-line green leasing toolkit for Commercial Office Buildings.  The toolkit, which is intended to assist commercial tenants and landlords in reaching thier sustainability goals, is designed to be adaptable to cities outside of just San Fransisco.

Created at the reccomendation of the San Francisco Mayor’s Task Force on Existing Commercial Buildings, the toolkit defines and explains key terms of a green lease and contains easy to understand check-lists for tennants and landlords alike.  This works well for an average layperson/tennant interested in renting a sustainable space.

Perhaps Columbus will be the next metropolitan area to follow this trend…

Posted in National, Green Building Incentives, City, LEED, LEED v3 | Tagged , , | Leave a Comment »

Case Study: Sustainable Design Innovations for Specialized School Population

January 12, 2012 by David Scott

Columbus-based architect Jack Hedge, FAIA, LEED AP BD+C, has been a pioneer in sustainable design for decades.  Later this month, he will join his DesignGroup colleague Jocelyn Krosky and Columbus City Schools Senior Executive Carole Olshavsky in presenting on the subject of sustainable design innovations for specialized school populations at the 2012 School & College Building Expo (SCBE).  Taking place in Orlando, Florida from January 24-26, the SCBE conference features educational sessions, field trips and keynotes offering information on green trends and sustainability, adaptive reuse, and zero net energy design.

Hedge, Krosky and Olshavsky will speak at SCBE about the innovative ways a school can be designed for a specialized population and still meet (or even exceed) LEED and the 2030 Challenge requirements. Using the Alum Crest/Clearbrook School for Emotionally Disturbed (ED) Students project as a case study, they will discuss how design can positively impact ED students and decisions related to the building, site, and community.  Says Hedge, “our team utilized BIM and daylighting models, as well as strategic building orientation, to optimize energy efficiency” for special needs occupants.  His team’s experience with other projects such as the Grange Insurance Audubon Center and the Franklin County Courthouse (both LEED Gold), as well as the Alum Crest project, advance their goal of “increasing awareness of what better buildings are.”

 

Posted in Ohio, National, LEED | Leave a Comment »

Best Green Building Web Sites

December 23, 2011 by David Scott

If the goal of green building is to transform the built environment to be more healthy, prosperous and sustainable, then it doesn’t really matter what green building-oriented web site is the best, because they’re all advancing the cause in their own way, right?  Yeah, sure.

But in this season of reflective (and sometimes competitive) contemplation, OGBL proffers its “Great 8″ green building web sites (hey, it’s just one blog’s opinion, so feel free to tell us what we missed):

1. Greenbiz.com:  Timely, comprehensive and pragmatic, GreenBiz (primarily through its specialty channel GreenerBuildings) is at the forefront of news, best practices, and other resources relevant to environmentally responsible construction.

2. Inhabitat: Devoted to the future of design, tracking innovations in technology, and pushing architecture toward a sustainable future, Inhabitat offers a stylish and sophisticated perspective.

3. Jetson Green: Focused on enhancing homes (and their occupants) with beautiful, smart, efficient, and practical information, Jetson Green is an outstanding resource for homeowners, renters, developers, designers, builders, and others.

4. Earth Techling: The winner of our door prize for “Most Difficult to Correctly Say its Name Three Times Fast,” this site strives to advance the cleantech revolution, including a dedicated and well-informed section devoted to green building.

5. Grist: Witty and irreverent, but deadly serious about helping humanity change our unsustainable ways, Grist reliably delivers fresh and insightful perspectives and knowledge.

6. Treehugger: All of us “LEEDS people” who care about the “environment” or averting a “global resource catastrophe” are just a bunch of hippy treehuggers, so far be it from us to exclude the only web site with a name that embraces what it is.  Even if it has gone corporate (now an affiliate of Discovery Communications, LLC), it doesn’t shy from controversy, such as its recent story on Maine’s kowtowing to the powerful forest industry by banning use of LEED in state construction.

7. BuildingGreen.com:  While not as flashy as some other entries on this list, BuildingGreen.com is a wealth of accurate, unbiased, and relevant information about bringing the built environment into greater harmony with the natural environment.

8. The Lawyer Blogs: Where would we be without the lawyers?  OK, don’t answer that.  The point is that several of our attorney colleagues publish outstanding and informative sites to help navigate the rapidly evolving legal issues sparked by the green building movement.  Special props to the Green Building Law Update,  Green Real Estate Law Journal, and Green Building Law.

Like we said, this wasn’t designed to be a comprehensive list, so post a comment & let us know if we left anybody off, if you respectfully disagree with any selection, or if you have any other thoughts.

Posted in LEED, National, Ohio | 3 Comments »

The Third Teacher: Green Schools and Ohio’s 21st Century Learning Environments

December 13, 2011 by David Scott

[EDITOR'S NOTE: THE OHIO GREEN SCHOOLS RALLY, A FIRST-OF-ITS-KIND EDUCATIONAL AND NETWORKING EVENT, HAS BEEN RESCHEDULED TO FEBRUARY 22, 2012, AT REYNOLDSBURG'S eSTEM ACADEMY ON SUMMIT RD.]

2011 has been a big year for Ohio’s green schools movement, and 2012 is looking even more promising.

For starters, the USGBC Center for Green Schools just named Ohio the “Best State” in its 2011 Best of Green Schools List, lauding the Buckeye State’s 315 registered or certified projects.

This comes on the heels of last week’s Ohio Summit 2.5, a gathering of educators, administrators and designers that included a discussion of “the other side” of 21st century education: the space (real and virtual) in which a child learns.  The Ohio School Facilities Commission (OSFC) is working with Cannon Design to overhaul the OSFC’s Ohio School Design Manual in collaboration with the Third Teacher project (a “collaborative exploration of ways design can transform learning and teaching”).

In the coming year, the USGBC-Central Ohio Chapter will host the inaugural Green Schools Rally at a prime example of a 21st century school in Reynoldsburg, Ohio.  This author and my colleague Luther Liggett will be presenting at the Rally on the subject of the significance of Ohio’s new construction reform and government relations issues relevant to green schools.  In addition, the Rally will mark the formal kick-off of the Green Schools Compendium, a data compilation that will compare the costs, building performance, occupant performance, and other data from green schools versus traditional schools.  If objective data supports a conclusion that green schools are more healthy for occupants, more cost-effective for taxpayers, and more sustainable for the environment, the case for green buildings in general will be dramatically advanced.

Indeed, 2012 could be a big year for green schools in Ohio and beyond.

Posted in LEED, Ohio | Leave a Comment »

The Ever-Evolving Standard of Care: Form Contract Docs

November 28, 2011 by Tim Clayton

Form Construction Contract Docs.   What exactly is buried within the pages of all that legal gibberish when you “sign on the dotted line?”

Well, to begin with,  a number of different organizations associated with the construction industry produce standard form contracts - AIA, EJCDC, AGC/ConsensusDOCS, DBIA.

Generally, the forms drafted by each organization reflect the interests and perspective of the sponsoring organization. (i.e.  AIA’s docs favor Architects/design professionals,  AGC/ConsensusDOCS favor Contractors).  Because of this, each organizations’ form contracts deal slightly differently with key issues such as the Standard of Care for Design Professionals.

AIA B101 (2007) - Owner-Architect Agreement

The Standard of Care Clause in the AIA’s B101 (2001) document is found in Section 2.2.  It reads:

“[t]he Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project.”

This standard of care mirrors that of the common law and most (if not all) professional liabiliy coverages will insure against it. The 2007 version of this document is the first AIA form contract document that featured a clearly defined standard of care.  The drafters chose to begin including this clause to protect Architects, so that the parties to the agreement would not insert a standard of care provision that was different than that of the common law. As AIA D503 (2011) warns architects, any deviation from the common law standard could have important consequences from both a legal and liability standpoint and an insurance coverage perspective.

ConsensusDOCS 240 – Standard form of Agreement betweent the Owner and the Architect/Engineer

Interestingly, there was NO standard of care clasue included in CD 240 as originally published in 2007.  However, in January 2011, ConsensusDOCS updated all of thier documents, and one of the updates was that an explicit standard of care was added for the design professional.

The standard of care clause reads:

“Services shall be performed in accordance with the standard of care required for a Project of similar size, scope, and complexity, during the time which the Services are provided.”

This language tracks the common law standard as well.  However, if using ConsensusDOCS 240, it is important to know WHEN the form was drafted.  If it was earlier than January 2011, it will not contain this language, and it is reccomended that design professionals include the above language.

Engineers Joint Contracts Document Comittee Forms (EJCDC) – EJCDC E-500

The EJCDC E-500 sets forth the standard of care (called the “Standard of Performance”) for an engineer as:

“The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject professional practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer’s services.”

This language is again in line with the common law standard and the standard listed in AIA B101.  However, an additional benefit of this provision for the engineer, is that it also disclaims any potential warranties or guarantees (mistakenly) made by an engineer.

All the above documents (with the exception of ConsensusDOC 240 prior to 1/1/11) use a standard of care clause that mirrors the common law standard.  This protects the design professional as it prevents any possible insurance implications that being held to a higher standard of care may create.

Posted in Uncategorized | 1 Comment »

Code Green: ICC Completes Seminal Green Building Code

November 14, 2011 by David Scott

The International Code Council (ICC) recently completed the 2012 International Green Construction Code (IgCC), recognized as the first model code focused on new and existing commercial buildings addressing green building design and performance.  Although the final code won’t be published until March 2012, local and state governments may already adopt it.

Unlike voluntary third-party certifications like LEED or Green Globes, the IgCC establishes enforceable minimum standards on every aspect of building design and construction.  Developed in conjunction with groups that include the AIA, USGBC, and ASHRAE, the IgCC establishes baseline standards for side development, land use, materials, energy efficiency, water efficiency, IAQ, and commissioning.

The IgCC has been the subject of discussion and debate since development was launched back in 2009, with critics charging that the code is unnecessarily confusing.  Opportunists (who will remain nameless in this blog … you know who you are) are already seeking to exploit the uncertainty associated with potential changes to architects’ standard of care, designers and contractors being forced to implement building features that they do not fully understand, and the omnipresent spectre of green building lawsuits (which, despite years of consternation & prediction of impending legal Armageddon, have yet to materialize).  The final IgCC itself will not be released until Spring 2012, though earlier public versions are available for downloading.

As of the date of this post, OGBL is not aware of any municipality in Ohio who has adopted the IgCC, but we will keep watching for any developments.

Posted in City, Codes and Regulations, Federal, National, Ohio, State | Leave a Comment »

2011 Green Building Market Impact Report Released

November 9, 2011 by David Scott

Yesterday Rob Watson, the founding chairman of the LEED Steering Committee, released the 2011 Green Building Market and Impact Report.  Big winners in the past year appear to be LEED registration overseas and water conservation.  The boldest statement is probably Watson’s declaration that “if you’re not making more money with your green building, you need a new marketing department. Similarly, if you’re not getting your green building coming in at zero-cost — or very low single-digit extra costs — then you probably need a new design team as well.”

The Report shows that LEED certified space will soon reach 2 billion square feet, and registration domestically and abroad grew 45 percent (LEED registrations rose by 53 percent overseas and 39 percent in the United States in the past year).  Although the registration numbers were favorable, certifications grew by just under 3 percent in the past year.  Since inception, LEED has conserved an estimated 47 billion gallons of water.

Click here to download the Report for free.

Posted in LEED, National | Leave a Comment »

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