Green Building Presentation

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For more information about green building please consult my blog. www.greenbuildingenvirotrends.com

For more information about green building please consult my blog. www.greenbuildingenvirotrends.com

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  • 1. March, 2009 Rich Cartlidge, LEED AP
  • 2. Impact of Buildings in U.S.A.
    • In the United States alone, buildings account for: •    72% of electricity consumption, •    39% of energy use, •    38% of all carbon dioxide (CO 2 ) emissions, •    40% of raw materials use, •    30% of waste output (136 million tons annually), and •    14% of potable water consumption.
    • http://www.usgbc.org/DisplayPage.aspx?CMSPageID=1718
  • 3. Goals of Green Building
    • Low Impact
      • Minimal impact on natural environment
    • Energy Efficient
      • Reduced Energy usage and Water usage
    • Healthy
      • Protect occupant health and increase productivity
    • Minimize waste
      • Designed and constructed in a manner that minimizes waste, pollution, and environmental degradation
  • 4. Green Building Certification
    • USGBC, Leadership in Energy and Environmental Design (LEED)
    • National Association of Home Builders (NAHB)
    • Green Globes
    • Earthcraft
  • 5. Why Seek Certification
    • Be recognized for your commitment to environmental issues
    • Third party verification of achievement
    • Qualify for state and local government initiatives
    • Receive marketing exposure through listing on USGBC website
  • 6. LEED
    • Most popular and widely known certification
    • Provides third party verification
    • Variety of rating systems for different applications
      • Most popular are LEED for new construction, homes, and existing buildings
        • Growth opportunity under stimulus for schools
  • 7. LEED Credits
    • Six Categories: Sustainable Sites (14), Water Efficiency (5), Energy & Atmosphere (17), Materials & Resources (13), Indoor Environmental Quality (15), Innovation and Design (5)
    • Prerequisites & Credits
    • LEED Certified (26-32), Silver (33-38), Gold (39-51), and Platinum (52-69)
    • http://www.usgbc.org/DisplayPage.aspx?CMSPageID=220
  • 8. LEED Accredited Professional
    • Pass a certification exam
      • Attorneys will essentially be precluded from becoming certified after March 31 st
    • Gain one point under Innovation and Design
    • Serve as an individual who can bring all the different team members together
  • 9. LEED in Florida
  • 10. LEED in Saint Petersburg
    • http://www.usgbc.org/ShowFile.aspx?DocumentID=5109
    • “ Our mission is to create healthy, safe, low-maintenance homes that are responsible ,efficient, attainable and livable.”
    • Darren Brinkley, REAL Building founder
    • First local government of earn Florida Green Building Coalition approval
    • State Incentives
      • http://www.floridagreenbuilding.org/db/?q=node/7016
  • 11. Role of the Attorney
    • Prepare the contracts
    • Advise owners on legislation
    • Advise owners on availability of tax credits
    • Serve as the LEED AP
    • Be knowledgeable regarding green building practices to obtain the work
    • Address land use, zoning, and environmental issues
    • Handle any potential litigation which may arise
  • 12. Captain’s Galley
  • 13. Capatain’s Galley
    • http://thecaptainsgalley.com/
    • Shaw Development recently filed for Bankruptcy
      • http://www.easternshorehousing.com/Blogs/Eastern_shore_homes_and_real_estate/?p=1791
      • Only 3 units are under contract, the restaurant recently closed due to a dispute with Shaw
      • Units now selling for $247,000 a nearly 50% reduction
  • 14. Shaw Development v. Southern Builders
    • One of the first green litigation cases in the United States
    • Not truly about failure to obtain certification but rather importance of proper contracting
  • 15. Litigation
    • Facts
      • Shaw hired Southern to construct a 23 unit condominium to be built to LEED Silver
      • Original price was 6.9 Million Dollars
      • Southern paid 7.45 Million Dollars with change orders
      • Financing obtained totaled 8.97 Million Dollars
      • Nearly 9 months after the date set for substantial completion still not complete
  • 16. Litigation Facts…
    • Loans placed in default
      • Bank seeks 10.298 Million Dollars
      • $416,000 in late fees
      • Interest accruing at nearly $3,000 per day
    • $635,000 in tax credits not obtained as a result of missing LEED certification
  • 17. What was the problem….
    • Not about LEED
    • Not about Contracts
    • Not about hard feelings
    • The project was a victim of the economy which brought all the other issues to the forefront
  • 18. How do you calculate damages?
    • $635,000 in tax credits
    • Interest and attorney fees of foreclosure
    • Loss of the restaurant
    • Interstate Land Sales Act
    • Reduced Selling Prices
  • 19. Possible role of Attorney
    • Reviewing contracts and working on better language to ensure or encourage LEED
    • Working out credit issues
    • Bringing a dose of reality to clients who still wanted to sell at peak prices