Green Building Art

Have a big blank wall in a green building but don’t know what to do with

Mangrove Seedlings

Mangrove Seedlings

it? The social and environmental values underlying green buildings are spurring innovation in art. A great example is the Mangrove Wall at the Miami Science Museum. Conceived by artist Xavier Cortada, the wall began with volunteers collecting mangrove seedlings. The seedlings were placed in plastic cups attached to the wall with binder clips and left to grow. They will be replanted by another group of volunteers to create a mangrove forest.  The visual display makes me think of all the volunteers who came together to collect the seedlings as well as those who will come together to plant them and enrich the eco-system. It’s beautiful and inspirational, a lovely extension of the ideals behind green building. The

Model of new Museum of Science facility

Model of new Museum of Science facility

Museum’s president, Gillian Thomas, said they plan to include a focus on artists whose work relates to the environment at the new facility being built on Biscayne Bay in Bicentennial Park, and Xavier Cortada is a very likely candidate. The new museum with its aquarium and “living core” will go beyond LEED certification and embody green principles at every level.

Posted by Peyton White Lumpkin, The Lumpkin Law Firm P.A.

Miami Mayor Manny Diaz and Volunteers

Miami Mayor Manny Diaz and Volunteers

Water restrictions are no match for green building principles

 Submitted by: Taylor Ralph, RealBuilding, LEED AP, Green Building Consultant

While the rain begins to hit our roofs almost daily—those afternoon showers that simultaneously cool things off yet make our air more humid—consider the fate of this precious source of water for our region…

Our water infrastructure includes the design of expensive, and extensive, storm water management systems that add huge costs to new development, require expensive/disruptive repairs, and transport the toxins, debris and trash that comes from water hitting our impermeable driveways, streets and gutters.  It then goes into the sewer, enters the storm water pipes, is filtered with powerful chemicals at treatment plants, and eventually reaches (and negatively impacts) the precious ecosystems and waterways that Floridians and (and tourists) visit and enjoy daily.

Waterfall

In response to this unsustainable method of collecting and treating surface waters, green building advocates, environmental organizations and individuals mindful of the complicated and costly requirements of an impermeable environment have started advocating for more permeable site design, and employing conservation strategies that once were common remedies when water wasn’t as readily available in the home—rainwater storage/use and grey water recycling.

Tampa Bay Water defines grey water as “untreated household wastewater that has not come in contact with toilet waste and includes wastewater from bathtubs, showers, clothes washers and laundry tubs.” Grey water makes up roughly 50-80% of the water heading down our drain, leaving a large capacity of reusable water that could be filtered easily and efficiently…reducing overall water use in the home by 30% or more!

We are still in a drought; homeowners, businesses and municipalities have been required to eliminate their use of potable water for irrigation and maintenance in order to conserve our dwindling water reserves.  People learned quickly that these kinds of limits are not fun for water-hungry landscapes, and cringe at the thought of higher water surcharges—taking a second look at our everyday use of water.

Those that weren’t concerned had already prepared for this predicament—with their rain barrels/cisterns, drip irrigation systems, Florida-friendly landscape and low-flow fixtures helping keep their yard lush and monthly bills low.

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Green Prefab Housing

The June 2, 2009 issue of USA Today(page 5D) has an article, “Prefab homes now sprout green designs.”  This article features Michelle Kaufmann, a San Francisco Bay area architect who first designed her own manufactured green home and then went into business building them for others.  The article gives other examples and states that building homes in a factory is “inherently greener” than building them on site because, e.g., there is less waste, greater efficiency, and the materials are not exposed to the elements.

Additionally, Nationwide Custom Homes of Martinsville, VA, claims to have the first completely green community in the Tampa Bay region – Glencairn Cottages.  This site also has a virtual tour of the project.

Posted by Howard Allen Cohen, Esq., Atkinson, Diner, Stone, Mankuta and Ploucha, P.A.

Green Building Primer: What You Should Know About Sustainable Development Projects

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.

Will green building in Florida bring a new wave of mold litigation?

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. 

Green Puzzle House (for use with Liberty Article)

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 Florida Green Building Law!

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!

Green mortgages are here…again

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. 

Utilities  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.

War Stories and Innovations

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!

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