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ARTICLE · 01 MARCH 2013

Smart Contracting For Green Design And Construction

Successful green building requires more planning and, preferably, a greater degree of integration in overall project delivery, than building without green objectives.

United StatesReal Estate and Construction

Successful green building requires more planning and, preferably, a greater degree of integration in overall project delivery, than building without green objectives. All of the major third-party green certification systems — including LEED, Green Globes and Designed to Earn the Energy Star — have recognized this, as have numerous agencies of the federal government, which has been a leader in studying and promoting green building.

But, despite this acknowledgement, many parties continue to use contracts that include no specific provisions addressing critical green issues, such as: how a project's green goals will be defined and integrated into the overall project requirements; how the parties will determine the specific green measures to be taken to achieve those goals; who is responsible for determining the goals, means and methods, and then for carrying out the green measures; and who is responsible, and to what extent, if the project's green goals are not achieved.

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