Green building projects are long-term endeavors that are not necessarily “complete” upon the close of construction. From a contract drafting standpoint, efforts must be made to ensure that the green principles envisioned at the onset of the project and implemented during the construction phase continue throughout the life of the project. For example, in a green residential community, restrictions must be put in place to regulate compliance with the community’s sustainable design as architectural styles, ownership of homes and leadership by governing bodies change. Similarly, in projects involving tenants, leases must include limitations and requirements that are consistent with the sustainable objectives of the project. As a result, Green building lawyers must have an understanding of the wide array of elements challenging the ability of a project to not only obtain the desired level of sustainability but also maintain sustainability.
A must-read article providing practical considerations for drafting documents for green projects is “What You Should Know About Sustainable Development Projects” by Nicole Kibert. The article provides an excellent primer for drafting construction contracts, restrictions for new and existing communities and green leases.
Filed under: Volume 1, Issue 1: June 2009
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