Keeping Your Green Project Out of the Red

By Melissa A. Orien and David W. Zimmerman*

With the buzz of “going green” as the latest trend, public and private owners alike are seeking environmentally friendly construction projects. The trend comes with an increased risk of liability for designers and contractors on green projects. Designers and contractors should adjust their practices to keep their green projects from dragging their bottom line into the red.

Three such best practices include (1) engaging in clear project-level communication to adequately adjust the parties’ expectations, (2) understanding green products to be used on the project, including their limitations and availability; and (3) avoiding conduct that warrants or guarantees a final result.