Florida Green Building Law

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.

One of the best parts of living in Florida is the ability to enjoy the tropical weather and scenery.  Unfortunately, the hot and humid climate that fosters Florida’s greenery challenges development and implementation of standardized green building practices. 

In the draft article “Why Green Buildings are Susceptible to Moisture & Mold Problems” David Odom, Richard Scott and George H. DuBose of Liberty Building Forensics Group have highlighted the potential for construction defects in Florida green buildings:

The great irony of building green is that the very concepts that are intended to enhance a building’s performance over its entire lifetime are many of the same things that make a building highly susceptible to moisture and mold problems during the first few years of operation.

For example, the Leadership Energy and Environmental Design (LEED) green building certification programs do not modify criteria based on regional climate.  As a result, methods used to achieve LEED credits in dryer climates such as Arizona may literally turn a building green from mold if applied in Florida’s wet climate.  According to Odom, Scott and DuBose, the following design features and building methods may increase moisture intrusion in Florida green buildings “if not carefully considered and implemented”:

• Vegetative roofs
• Increased insulation
• Using new “green” materials that have not been field-tested over time
• Reuse of existing buildings or recycled components
• Increased ventilation to meet indoor air quality goals
• Building start up procedures such as “building flush out”

Does this mean that green buildings in Florida are doomed to spur construction defect litigation due to moisture intrusion?  Maybe, unless the design professionals make sound judgment calls considering the humid climate and the construction team satisfactorily implements the plans and specifications.  And of course, the owner will need to have the resources to pay for the increased design and construction costs. 

Click here to view: Why Green Buildings are Susceptible to Moisture & Mold Problems, by David Odom, Richard Scott and George DuBose, Liberty Building Forensics Group, LLC, 3700 Dohnavur Drive, Zellwood, Florida 32798.  Other Liberty Group articles have addressed green building mold and moisture issues as well: The Hidden Risks of LEED and The Risks of Building Green in the Southeast.

Submitted by Desiree Noisette, LEED AP, Hill Ward Henderson, 101 E. Kennedy Blvd, Suite 3700, Tampa, Florida 33602, dnoisette@hwhlaw.com, (813) 222-8722.

Welcome to the official website of the Florida Bar’s Green Building Subcommittee, a subcommittee of the Construction Law Committee.  Please add FloridaGreenBuildingLaw.com to your bookmarks!

Energy efficient mortgages (“EEMs”) have been around for over thirty years, but remain underutilized and under marketed despite the momentum of the green building movement.  EEMs are mortgages that allow borrowers to buy more house or reduce interest rates because of the future cost savings and increased value associated with efficient homes.   The general theory is that the owner of an energy efficient home will spend less on utilities than the average homeowner, so the energy efficient homeowner will be able to afford more home than traditional mortgage calculators allow. 

  The Florida Solar Energy Center maintains a database of Energy Efficient Mortgage providers.  After an EEM product is identified, the borrower obtains an energy rating pursuant to the Florida Building Energy-Efficiency Rating Act.  Section 553.990, Florida Statutes.  The Act, much like the EEM, is nothing new–it went into effect over fifteen years ago  ”to provide for a statewide uniform system for rating the energy efficiency of buildings.”  Section 553.990, Florida Statutes.   As part of this Home Energy Rating System (HERS), certified building raters grade the efficiency of homes for EEMs.  For more information on the HERS, visit The Florida Solar Energy Center.

So why haven’t green mortgages kept up with the momentum of the green building movement?  At least one article blames lack of borrower demand, increased paperwork for the loan processor and poor marketing by lenders and real estate agents.

Submitted by Desiree Noisette, LEED AP, Hill Ward Henderson, 101 E. Kennedy Blvd, Suite 3700, Tampa, Florida 33602, dnoisette@hwhlaw.com, (813) 222-8722.

Have you come across pitfalls during a green building project?  Have you developed innovative ways of solving green building problems?  Share your green building war stories, innovations and pictures here on Florida Green Building Law!