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The Role of Risk Management at Greenbuild versus West Coast Green

By on October 31, 2008 in Contracts, Opinion

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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3 Responses to The Role of Risk Management at Greenbuild versus West Coast Green

  1. Stephen Del Percio November 27, 2008 at 12:05 am #

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

    Reply
  2. Mark Rabkin December 29, 2008 at 9:53 pm #

    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

    Reply
  3. Stephen Del Percio December 30, 2008 at 10:13 pm #

    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

    Reply

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