Better Building: The Responsible Developer's Blog : Northwest Construction Lawyers & Attorneys : Foster Pepper Law Firm : Sustainable Building & LEED Projects in Seattle & Spokane, WA

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The American Institute of Architects is keeping score, globally now, and updates a Letterman-like TOP 10 Greenest Buildings list.  So far for 2010 the top entries include projects from several US states and other countries.  Alas there are no entries this year (yet!) from Washington state but our neighbors in Oregon are in contention with the Twelve/West tower project that is expected to be LEED Platinum and should provide its owners energy savings of 45% over a comparable building.

Ironic to some, the AIA's Top 10 list also includes a gorgeous entry from Saudi Arabia, the King Abdullah University of Science and Technology .  It is the Saudis first LEED project and the planet's biggest LEED Platinum building. 

To students of history this should come as no surprise because if you have ever read about or seen the Alhambra or the Mezquita in Spain, you know that for centuries middle eastern developers have greatly prized architectural designs that incorporated greenery and water features for the reasons many do now...because the shade and water cool the air making buildings more livable, not to mention more desirable and valuable.    

Many  lawyers cannot help but dwell on the liability of developer, designer and builder clients that fail to achieve LEED certification or comply with energy standards or codes.  To place this modern liability in a less onerous context, ponder the fate incurred by Moorish designers and builders who failed to meet the Caliph's or Sultan's personal green standards. 

More on modern green liability next time (without the curved swords). 

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Foster Pepper's annual Real Estate and Land Use seminar was held on April 21, 2010 with 110 planners, developers, contractors and municipalities in attendance. Under the tutelage of well-known industry experts Judy Runstad and Gary Fluhrer, topics included:

• Land Use Case Law and Legislative Update - Pat Schneider and Steve Gillespie
• Water Rights Update - Joe Brogan
• Property Boundary Disputes - Patrick Mullaney
• Regional Transportation Update - Tayloe Washburn
• Update on State Charter Banks and the Anatomy of a Bank Failure - John Bley
• Workouts, Restructuring and Foreclosures - Doug Prince and T.J. Parkes
• Real Estate Case Law and Legislative Update - Laura Karassik and Jeannie Simpson
• Bankruptcy and Receivers - Dillon Jackson
• Distressed Condominiums and Recent Cases - Gary Ackerman and Jamie Goodwin

For more information about these presentations, or to request materials, please contact the appropriate Foster Pepper attorney.

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In celebration of Earth Day 2010, Foster Pepper has launched its third legal blog, Better Building: The Responsible Developer's Blog, devoted to legal issues and information related to responsible building practices in the construction and real estate industries.

Sustainability and climate change are reshaping the land use, real estate, and construction environments, and extend to municipal, business, energy/utility, and litigation practices. Foster Pepper has used its extensive reach and experience in these areas to craft sustainable solutions for its clients. ResponsibleDeveloper.com will serve as an extension of these activities and be a resource for clients and other interested parties providing legislative updates, industry news, and other relevant information.

According to Greg Clark, Foster Pepper construction litigator and lead blogger,

“As the green/sustainability industry evolves and more and more legislation is introduced, we wanted to ensure our clients have the information they need as they plan and develop their projects.” He continued, “We intend to broadly cover news and trends and provide legal information related to both public works and private projects, and become a valuable resource for those striving to be responsible builders.”

With offices in Seattle and Spokane, Foster Pepper PLLC provides a full range of legal services to businesses, municipalities and individuals. In 2005, the firm entered its second century of service to clients and communities across the country and internationally.

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What are some noteworthy local and national events related to better building? 

Here’s a quick list:

April 22 Carbon Credits Seattle, WA

May 5-7 Living Future 10 Seattle, WA

May 16-18 NAHB National Green Building Conference Raleigh, NC

June 5-6  Seattle Green Festival 

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Why build better buildings?

You mean aside from great marketing and making you just feel good?  Because we are in a global competition for energy and according to the US DOE buildings consume 70% of our electricity and 50% of our natural gas.  Building better energy efficient buildings results in not only reducing operational costs for homeowners and businesses, it means reducing harmful greenhouse emissions, an apparent win-win.

So what should be the goal?  Many advocate "Net-Zero” energy buildings or “ZEH” zero energy homes (or buildings).  OK next question, due to the recession and the fact the US standard of living may never be what it once was, are Net Zero buildings or ZEHs affordable?

The DOE says...yes!  The Building Technologies Program ("BTP") goal is to achieve Net Zero homes by 2020 and Net Zero commercial buildings by 2025.  Major progress has been made in the form of BTP compliant new homes that consume 40% less energy than other comparable non BTP homes. The energy saving makes them affordable.  The NAHB Research Center Building America Team in conjunction with their builder partners, concurs and in its May conference will present details for the design, construction, and monitored performance of high-efficiency affordable homes.

The City of Seattle DPD, on its City Green Building page, also says yes and touts the financial aspect of building green “Building green isn't just about improving your health or saving the planet. Today's techniques can also save you money and make your projects more marketable.”

Better Building is good business

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Leading the way was California who at the beginning of the year said yes we can! 

California was the first state to adopt a Green Building Code “CALGREEN”.  Ironic given CA also has the worst budgetary woes.  Still, Governor Schwarzenegger proclaimed that this action "lays the foundation (pun intended?) for the move to greener buildings constructed with environmentally advanced building practices that decrease waste, reduce energy use and conserve resources.”  The California Air Resources Board estimates that the mandatory provisions will reduce greenhouse gas emissions by millions of metric tons by 2020.  So far some cities and counties may have followed suit but not other states.

If the golden state can officially go green when swimming in red, should Washington do it too?

Some have advocated that efforts to make green building required by code would be too much and should remain voluntary. Even though in 2008 Governor Gregoire signed then unprecedented legislation making Washington the fourth state in the nation to adopt comprehensive limits on global warming pollution and recently reported that green jobs in WA actually increased in the recession, she has not taken the next step to propose a code that would mandate what CALGREEN has.     

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