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The Role of Risk Management at Greenbuild versus West Coast Green

I think it’s interesting to compare the treatment that green building risk management issues received at Greenbuild as compared to West Coast Green. We pointed out over at gbNYC earlier this fall that the latter included a panel discussion titled “Packing a Parachute: Practices that Minimize Risk and Prompt Best Use of Green Features,” while the legal issues associated with building green received very little attention at Greenbuild. As we have noted extensively at gbNYC, the West Coast Green panel similarly stressed that there is no such thing as a form green construction contract or “magic” green provision that can satisfactorily account for the risks associated with green construction. It’s important for stakeholders – or other organizations staging similar conferences – to recognize that attorneys in this space are attempting to assist the industry in mitigating emerging risks up front, in the transactional context, rather than through litigation (as was the unfortunate result of the Shaw Development case).

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Filed Under: ArchivesGreen Building Risk ManagementGreen Construction Contracts

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About the Author

Stephen Del Percio was one of the first ten attorneys in the country to earn the LEED AP designation and currently practices real estate and construction law at Arent Fox LLP in New York City. He holds a degree in civil engineering from Columbia and is a graduate of William & Mary Law School. Stephen is a member of both the New York and New Jersey bars. You can contact him at 212.457.5542 or delpercio.stephen@arentfox.com.

Comments (3)

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  1. Stephen Del Percio says:

    Interesting that Greenbuild did not include a similar panel this year.

  2. Mark Rabkin says:

    Steven –

    The insurance community is also very concerned about Green Building Risks. I am preparing a training course for construction professionals regarding the risks involved with green building ranging from Design Professional Liability (failing to earn the desired certification level) to Construction Defect & Faulty Workmanship claims due to the untested durability of new, green products, to surety issues.

    Mark

  3. Mark,

    Thanks for your comment. I think that 2009 will be the turning point in terms of insurance companies creating products that truly address the risks inherent in green design. I also think there is a great deal of opportunity out there for insurance professionals and attorneys to collaborate and generate a comprehensive set of risk management services that could be delivered to A/E/C professionals. I would welcome the opportunity to hear the training course once you have prepared it.

    Regards,

    Stephen

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