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The Risks of Building Green
©2010 Liberty Building Forensics Group®
1
George H. DuBose, CGC
www.libertybuilding.com
407.467.5518
April 20, 2012
TACC Spring Meeting
Lexington, KY.
The Risks of Building Green
2©2010 Liberty Building Forensics Group®
The Risks of Building Green
©2010 Liberty Building Forensics Group® 3
“There’s one sure way to kill an
idea: Sue it to death.”
Hidden Liability Issues May Wilt Green Building, July 14, 2008 ENR article
• “No single entity controls the green building process..”
• “This makes the issue of responsibility and risk allocation
critical.”
• “Construction is a management-intensive business, and green
initiatives are adding another layer of complexity.”
Killing an Idea
©2010 Liberty Building Forensics Group® 4
5
Premises of the Presentation
• Building green is a noble goal, but a risky endeavor
• Risks – Some are obvious, many are obscure.
• Risks include:
--Technical risks
--Legal & contractual risks
--Insurance risks
--Project risks
• Potential building failures range from acute & catastrophic to
chronic performance failures--excessive energy usage
• Our observation: “Good practices” in key areas such as IAQ,
humidity control, waterproofing & hot/humid climate design
criteria are not being incorporated into green design (including
LEED certification)
©2010 Liberty Building Forensics Group®
Outline of the Presentation
©2010 Liberty Building Forensics Group® 6
MARSH Green Building Report 2009
©2010 Liberty Building Forensics Group® 7
MARSH Green Building Report 2009
©2010 Liberty Building Forensics Group® 8
Definitions
Green Building - Design, develop, construct & operate in a
manner that reduces the use of non-renewable resources.
Sustainable - Includes green issues, but also is interested in
economic issues (financial payback)
High Performance Buildings - Interested in measurable and
verifiable improved outcomes (such as 35% improved energy
performance)
9
(attributed to Ujjval Vyas/Alberti Group)
Technical Risks for Green Buildings
Green Buildings vs. Low Risk Buildings
10©2009 Liberty Building Forensics Group®
Green Buildings Low Risk Buildings
More Outside Air (>ASHRAE by 30+%) Minimum Outside Air (Does not exceed
ASHRAE)
Emphasis on energy conservation Emphasis on humidity control
Stresses VOC reduction
--Emphasizes exhaust (>5 Pa)
--Promotes building flush-out
Minimal VOC concern
--Very tight control of exhaust
--Rejects building flush-out
Stresses new, innovative materials Stresses proven materials
Carbohydrate based materials Hydrocarbon based materials
Stresses extra envelope insulation Stresses drying potential of envelope (walls and
roof)
Minimally addresses air barriers Stresses air barriers
5 Factors in Green Building Risks
1. Increased Risk of from Building Complexity
2. Pressure to do green construction with no price
premium
3. New and innovative product performance risks
4. Codification of green ratings systems
5. Emerging requirements for long-term
performance guarantees
11©2009 Liberty Building Forensics Group®
Copyright Liberty Building Forensics Group - use by permission only
12
Complex Building + Strong Drivers =
“High Risk” Buildings
Complexity
DRIVERSMild Intense
Source: 1996 Florida Solar Energy Center (FSEC) Study.
I “low”
II “moderate”
III “high”
©2010 Liberty Building Forensics Group®
13
Green Buildings Low Risk Buildings
More Outside Air (>ASHRAE
by 30+%)
Minimum Outside Air (Does
not exceed ASHRAE)
Emphasis on energy
conservation
Emphasis on dehumidification
Stress VOC reduction
--Emphasizes exhaust (>5 Pa)
--Building Flushout
--Low VOC material selection
Minimal VOC concern
--Very tight control of exhaust
--Rejects building flushout
--Agrees w/low VOC materials
Green Buildings vs. Low Risk Buildings
Infiltration and Exhaust Air Problems
Damage caused by uncontrolled air flows
©2010 Liberty Building Forensics Group®
14
Mold Growth in Wall Cavities
Due to Uncontrolled Air Flows
Copyright Liberty Building Forensics Group -
use by permission only 15
Copyright Liberty Building Forensics Group - use by permission only 16
Four Inches of
Water
“How much more do you think
a certified sustainable building
would cost to build relative to
a normal building?”
*16% of respondents indicate involvement in sustainable buildings
GSA ‘04
3.7%
Capital E ‘03
1.8% Survey
Respondents*
16%
0.0%
Langdon ‘07
WBCSD-World
Building Council on
Sustainable
Development
Additional Costs for Green Buildings
Source: Dax Ponce de Leon, PMA Consultants
17©2010 Liberty Building Forensics Group®
Financial/Costs
• May not meet energy savings*M13, Mass, ImaginOn, Gifford
• Loss of income if green power does not deliver
• Lost revenues if green not met
– Business interruption
– Lost tenants
– Lower rental rates*RICS
– Lost tax incentives
• Lost clients*M14
• Legal challenges
• Negative PR*M15 & M16
©2010 Liberty Building Forensics Group® 18
FACTOR 1: Protection Against Risks for
Increased Construction Defects
1. Compare the building to the risk table
2. Identify the green objectives and rate
them for increased risk
3. Develop risk and QA management plan
targeting those higher risk objectives
19©2009 Liberty Building Forensics Group®
Building at a Glance
Name: MA. Maritime Academy
Residence Hall
Location: Buzzards Bay, MA.
Size: 90k ft2
Completed: 2007
Cost: $14.1M
Certification: LEED® Gold
20©2009 Liberty Building Forensics Group®
.Source:April2009issueofED+Cmagazine
FACTOR 2: No Premium for Green Buildings
Points Item Cost Comment
0 Prereq. 1: Fundamental
Commissioning
$22,000 Cost of independent commissioning agent
0 Prereq. 2: Minimum
Energy Performance
$0 Basic energy-code requirements
0 Prereq. 3: CFC Reduction $0 Basic code requirement
10 Optimize Energy
Performance
$641,120 Prescriptive approach and minimal system requirements
3 On-site Renewable
Energy
$8,000 100% of electricity required by building provided by
photovoltaic array and existing wind turbine
1 Additional
Commissioning
$8,000 Cost of independent commissioning agent
1 Ozone Depletion $0 No refrigerants utilized
21©2009 Liberty Building Forensics Group®
Energy and Atmosphere:
LEED® Points
.Source:April2009issueofED+Cmagazine
Points Item Cost Comment
0 Prereq. 1: Minimum IAQ performance $0 No cost – basic code requirement
0 Prereq. 2: Tobacco Smoke Control $0 No cost to prohibit smoking at a campus facility
1 IAQ Management Plan: Construction
Phase
$0 No real cost, just best construction practice
1 IAQ Management Plan: Occupancy $500 Estimate for energy costs during flush-out procedure before
occupancy
1 Low-Emitting Adhesives and Sealants $0 No real costs – now readily available
1 Low-Emitting Paints and Coatings $0 No real costs – now readily available
1 Low-Emitting Carpet Systems $0 No real costs – now readily available
1 Chemical and Pollutant Source Control $500 Added costs for MERV 13 filters
1 Controllability of Perimeter Systems $0 No real cost due to dormitory room layout. Switch on room wall and
operable windows.
1 Daylight & Views: Views for 90% $0 No cost due to dormitory room layout
22©2009 Liberty Building Forensics Group®
Indoor Environmental Quality: LEED®
Points
.Source:April2009issueofED+Cmagazine
Copyright Liberty Building Forensics Group -
use by permission only
23
“New materials are unproven by definition. Like
most experiments they tend to fail. If the
experiment is the whole exterior of the building [or
the entire HVAC system], they fail big.”
Quote from
“How Buildings Learn: What happens after they’re built”
by Stewart Brand
FACTOR 3: Innovative Green Products
Copyright Liberty Building Forensics Group -
use by permission only
24
“New materials are unproven by definition. Like
most experiments they tend to fail. If the
experiment is the whole exterior of the building [or
the entire HVAC system], they fail big.”
Quote from
“How Buildings Learn: What happens after they’re built”
by Stewart Brand
FACTOR 3: Innovative Green Products
©2010 Liberty Building Forensics Group® 25
Sample Flush Out Procedure from LEED 2.2
Calculations for 100K sf SE US Building showed
200K gallons of added water during LEED Flush Out
•Equipment not usually sized for this load
•May void equipment warranty
•Time is not often factored in to construction
schedule*Hensley Field
•Often taken as an “easy credit”
•Alternate is IAQ sampling
Processes like flushing the air in a new building is a
“time hog”, says one (contractor)
-Quote from contractor, Insurers Worry About Green-Building Risks, ENR 2008
Copyright Liberty Building Forensics Group -
use by permission only
26
New Bio Based Insulation
©2010 Liberty Building Forensics Group®
27
Green Buildings Low Risk Buildings
Stress new, innovative
materials
Stress proven materials
Carbohydrate based materials Hydrocarbon based materials
Stress extra envelope
insulation
Stress drying potential of
envelope (walls and roof)
Green Buildings vs. Low Risk Buildings
Copyright Liberty Building Forensics Group -
use by permission only 28
Interaction with Other Materials
• If unfamiliar with new material’s individual
performance….
…probably know less about
material’s interaction with
other components
• Recognize additional risk in innovative
products….
…and apply higher degree of rigor
in evaluation
Copyright Liberty Building Forensics Group -
use by permission only 29
Risks Associated With New Materials & Concepts
©2010 Liberty Building Forensics Group®
30
“New materials are
unproven by definition.
Like most experiments they
tend to fail. If the
experiment is the whole
exterior of the building,
they fail big.”
Quote from
“How Buildings Learn: What happens after they’re built”
by Stewart Brand
“In design engineering there are two
resources available: The laws of physics
and the products of the market. The
designer of excellence works with the
former and the designer of mediocrity
works with the latter.”
Quote: Kevin Dickens/Jacobs Corp.
31©2009 Liberty Building Forensics Group®
Innovation & Design Credit
Possible LEED®
Innovation in
Design Credit
32©2009 Liberty Building Forensics Group®
33©2009 Liberty Building Forensics Group®
.Source:DraftASHRAEStandard189.1,ThirdPublicReview(May2009)
FACTOR 4: Back Door Codification
Elements of a
Comprehensive Peer Review Plan
34©2009 Liberty Building Forensics Group®
Design Construction Occupancy
Decreasing Options for
Solutions
Cost of
Action/
Solution
LevelofInfluence
100%
0.0%
Source: Adapted from Quality in the Constructed Project, American Society of Civil Engineers, 1988.
HVAC Review
Envelope
Reviews
VE
Input Contractor
Submittals
T&B Input Post Construction
Performance
Verification
What a Peer Review Is
1. Inserting SME into the process
2. Mirrors the healthcare industry
3. Green drives need for SME on products
Copyright Liberty Building Forensics Group - use by permission only 35
What a Peer Review Is NOT
1. Additional insurance policy
2. Contracted to Owner
3. Requested by any project team member
4. Does not replace LEED Consultant
Copyright Liberty Building Forensics Group - use by permission only 36
37©2009 Liberty Building Forensics Group®
Use of Innovative & Energy Saving Products Can
Have Unintended Consequences
38
•Hides water leaks
•Reduced wall drying
•Air infiltration not
easily detected
©2010 Liberty Building Forensics Group®
•Curing issues
Vegetative Roofs
©2010 Liberty Building Forensics Group® 39
Leaks (known claims)
Safety
•Maintenance
•Attractive Nuisance
•Guardrails
•Brush Fires
IAQ
•Fertilizer
•Pollen
Structural
•Structural stability*M3
•Overwatering effects
on other building
components
http://www.insurancejournal.tv/
videos/4139/
Cool Roofs – “White” Roofs
©2010 Liberty Building Forensics Group® 40
©2010 Liberty Building Forensics Group®
41
Green Buildings Low Risk Buildings
Do not address rainwater
concerns
Stress rainwater intrusion
avoidance
Do not fully stress air barriers
except from energy
perspective
Stress air barriers
Green Buildings vs. Low Risk Buildings
Unintended Air Flows
©2010 Liberty Building Forensics Group®
42
• Opened April 2001
• Closed July 2002
• Cost to remediate- $65M
*M4
Riverhouse, NYC
©2010 Liberty Building Forensics Group® 43
• Going for Gold LEED
• $1.5MM Claim
• Cold air infiltration
• 49% Deviation in cumulative
size of cracks and holes
FACTOR 5: Emerging Green Building
Requirements
Copyright Liberty Building Forensics Group -
use by permission only 44
1. Owner’s commit to sharing use data
(energy/water)
2. LEED certification can be revoked
3. Third parties can initiate USGBC non-
compliance action
121 Building Study by USGBC
Copyright Liberty Building Forensics Group -
use by permission only 45
Copyright Liberty Building Forensics Group -
use by permission only
46
Lessons Learned
UFAD System: warmer UFAD supply airflow doesn’t allow for
dehumidification at the UFAD units without the use of reheat,
which was not an option. Dedicated OA units used for
ventilation and dehumidification requirements.
Control Sequences: Very complex control sequences require
additional designer time to ensure that end performance
matches expectations.
Air Leaks: It is more difficult to seal a building against air leaks
than it is to agree to a leakage target with a contractor. Actual
Air Leakage>5x the Design
47
Heifer Intl. HQ – LEED Platinum
High Performance Buildings – Winter 2008
©2010 Liberty Building Forensics Group®
Regulatory-Government Mandates
• CalGreen-2010 (effective 2011)
– USGBC has been critical
– El Dorado County fighting extra permit fees as “tax”
• City of Albuquerque “green code”-2007
– AHRI v. City of Albuquerque-2008
– Energy efficiency requirements will harm HVAC/water
heating vendors and contractors
• Cannot sell non-compliant equipment
• Repairs will trump replacements
• Home sales affected by increased costs
• Confusion among manufacturers, distributors, contractors
– Not unusual for challenge to new regulatory schemes
– Preliminary Injunction by District Court-2008
©2010 Liberty Building Forensics Group® 48
Regulatory-Government Mandates
• Washington, DC Green Building Act-2006
– Requires compliance w/LEED for private & public (2012)
– Green Building Performance Bond is really license or
compliance bond, typically guarantees compliance with law or
code. Performance: perform contract in accord w/T&C
– Does not designate which party provides
– Sureties may be reticent to issue
• Toronto to Mandate Green Roofs-2009
– Covers most buildings, including residential >6 stories
• Arlington County, VA-2009 (1999, 2003, 2009)
– Public Buildings will be LEED certified
– Private Buildings Floor Area Ratio increases for LEED
©2010 Liberty Building Forensics Group® 49
Contract/Legal/Insurance Risks
• Many parties have responsibility for LEED*M5 & M6
– A/E has 66%
– GC and Owner share 33%
– LEED consultants and Commissioning Authorities
• Contract Forms do not deal with consequences
– AIA B101-2007, Standard Form of Agreement Between Owner and
Architect
– AIA B214-2007, Standard Form of Architect’s Services: LEED
Certification
• LEED projects may have mix of design and
performance specifications, which confuses liability
• DBIA may have better contracts for liability*M7
©2010 Liberty Building Forensics Group® 50
Regulatory-Conflicts & Uncertainties
• Conflicts & confusion between government mandates and
independent rating systems
– LEED
– Green Globes
– NAHB/ICC/ANSI
– AIA Study
– ASHRAE 189
• Uncertainty of code changes
especially during construction phase*M11
• Uncertainty of LEED decisions
– Decisions on credits may not occur until end of construction
– Reviewers not local
– Reliance on third party inspectors (Green Building Certification
Institute)
©2010 Liberty Building Forensics Group® 51
Regulatory-Conflicts & Uncertainties
52
Project at a Glance
Name: Emory Universtiy
Whitehead Biomedical Research
Building
First LEED® Certified Building
in Southeast
Achieved Silver Rating
©2010 Liberty Building Forensics Group®
Regulatory-Codes
• LEED is not a code, or written in code language
– Codes written to ensure safety of occupants
– LEED not always climate or regional specific
• LEED 2009 begins to address some regional differences
• Humidity issues still a concern
• Light sensor burnout in NW
due to changing cloud cover
– Will local officials be able
to interpret?
– Conflicts with other codes
– Antitrust Implications*GRELJ2
• USGBC and FSC (MR-7 credit)
©2010 Liberty Building Forensics Group® 53
Thom Mayne on LEED
• SF Federal Building
• Uses 50% energy
• Earned awards for
energy efficient design
• May not earn base LEED
©2010 Liberty Building Forensics Group® 54
LEED should give performance requirements and let the architect solve the problem. The point
system doesn't scale. A bike rack and air conditioning get you the same point. I'd much rather see
BTU and CO2 requirements and let the professional community solve the problem. If you give
proscriptive requirements, it stagnates new development and research. It's like taking a blue book
test. You don't need to know the subject. Because architects deal in creative problem solving, some
of that will be curtailed by proscriptive systems. I also think the LEED point system is overladen in
the construction phase versus lifetime energy consumption and secondary effects
55
Regulatory-Codes
• Developed in conjunction
with USGBC and IESNA
• Written in Code Language
• Focus on energy savings
• Increase in minimum
energy savings by 30%
©2010 Liberty Building Forensics Group®
Incentives, grants,
tax credits, etc
Tierra on Ashley, Ann Arbor, MI
Project Budget $9 M
DDA TIF Grant $275 K
DDA Meter Bag Waiver $18 K
Brownfield TIF Credit $718 K
Brownfield MBT Credit $1 M
TOTAL INCENTIVE $2.01 M
Source: Dax Ponce de Leon, PMA Consultants
56©2010 Liberty Building Forensics Group®
City of Ann Arbor, Michigan
Floor Area Premiums for LEED Certification
LEED
Certification
Energy
Performance
Points (Min)
FAR Bonus
(% of Lot Area)
Silver 4 50%
Gold 6 150%
Platinum 8 250% Source: Dax Ponce de Leon,
PMA Consultants
What Happens If
LEED is not Met
After Building is
Constructed?
Regulatory-Incentives
57
©2010 Liberty Building Forensics Group®
Arlington Co., VA
has similar FAR
Bonus Program
Nashville, TN
Proposed Density
Bonus

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TACC Presentation - Risks of Green Buildings

  • 1. The Risks of Building Green ©2010 Liberty Building Forensics Group® 1 George H. DuBose, CGC www.libertybuilding.com 407.467.5518 April 20, 2012 TACC Spring Meeting Lexington, KY.
  • 2. The Risks of Building Green 2©2010 Liberty Building Forensics Group®
  • 3. The Risks of Building Green ©2010 Liberty Building Forensics Group® 3 “There’s one sure way to kill an idea: Sue it to death.” Hidden Liability Issues May Wilt Green Building, July 14, 2008 ENR article • “No single entity controls the green building process..” • “This makes the issue of responsibility and risk allocation critical.” • “Construction is a management-intensive business, and green initiatives are adding another layer of complexity.”
  • 4. Killing an Idea ©2010 Liberty Building Forensics Group® 4
  • 5. 5 Premises of the Presentation • Building green is a noble goal, but a risky endeavor • Risks – Some are obvious, many are obscure. • Risks include: --Technical risks --Legal & contractual risks --Insurance risks --Project risks • Potential building failures range from acute & catastrophic to chronic performance failures--excessive energy usage • Our observation: “Good practices” in key areas such as IAQ, humidity control, waterproofing & hot/humid climate design criteria are not being incorporated into green design (including LEED certification) ©2010 Liberty Building Forensics Group®
  • 6. Outline of the Presentation ©2010 Liberty Building Forensics Group® 6
  • 7. MARSH Green Building Report 2009 ©2010 Liberty Building Forensics Group® 7
  • 8. MARSH Green Building Report 2009 ©2010 Liberty Building Forensics Group® 8
  • 9. Definitions Green Building - Design, develop, construct & operate in a manner that reduces the use of non-renewable resources. Sustainable - Includes green issues, but also is interested in economic issues (financial payback) High Performance Buildings - Interested in measurable and verifiable improved outcomes (such as 35% improved energy performance) 9 (attributed to Ujjval Vyas/Alberti Group)
  • 10. Technical Risks for Green Buildings Green Buildings vs. Low Risk Buildings 10©2009 Liberty Building Forensics Group® Green Buildings Low Risk Buildings More Outside Air (>ASHRAE by 30+%) Minimum Outside Air (Does not exceed ASHRAE) Emphasis on energy conservation Emphasis on humidity control Stresses VOC reduction --Emphasizes exhaust (>5 Pa) --Promotes building flush-out Minimal VOC concern --Very tight control of exhaust --Rejects building flush-out Stresses new, innovative materials Stresses proven materials Carbohydrate based materials Hydrocarbon based materials Stresses extra envelope insulation Stresses drying potential of envelope (walls and roof) Minimally addresses air barriers Stresses air barriers
  • 11. 5 Factors in Green Building Risks 1. Increased Risk of from Building Complexity 2. Pressure to do green construction with no price premium 3. New and innovative product performance risks 4. Codification of green ratings systems 5. Emerging requirements for long-term performance guarantees 11©2009 Liberty Building Forensics Group®
  • 12. Copyright Liberty Building Forensics Group - use by permission only 12 Complex Building + Strong Drivers = “High Risk” Buildings Complexity DRIVERSMild Intense Source: 1996 Florida Solar Energy Center (FSEC) Study. I “low” II “moderate” III “high”
  • 13. ©2010 Liberty Building Forensics Group® 13 Green Buildings Low Risk Buildings More Outside Air (>ASHRAE by 30+%) Minimum Outside Air (Does not exceed ASHRAE) Emphasis on energy conservation Emphasis on dehumidification Stress VOC reduction --Emphasizes exhaust (>5 Pa) --Building Flushout --Low VOC material selection Minimal VOC concern --Very tight control of exhaust --Rejects building flushout --Agrees w/low VOC materials Green Buildings vs. Low Risk Buildings
  • 14. Infiltration and Exhaust Air Problems Damage caused by uncontrolled air flows ©2010 Liberty Building Forensics Group® 14 Mold Growth in Wall Cavities Due to Uncontrolled Air Flows
  • 15. Copyright Liberty Building Forensics Group - use by permission only 15
  • 16. Copyright Liberty Building Forensics Group - use by permission only 16 Four Inches of Water
  • 17. “How much more do you think a certified sustainable building would cost to build relative to a normal building?” *16% of respondents indicate involvement in sustainable buildings GSA ‘04 3.7% Capital E ‘03 1.8% Survey Respondents* 16% 0.0% Langdon ‘07 WBCSD-World Building Council on Sustainable Development Additional Costs for Green Buildings Source: Dax Ponce de Leon, PMA Consultants 17©2010 Liberty Building Forensics Group®
  • 18. Financial/Costs • May not meet energy savings*M13, Mass, ImaginOn, Gifford • Loss of income if green power does not deliver • Lost revenues if green not met – Business interruption – Lost tenants – Lower rental rates*RICS – Lost tax incentives • Lost clients*M14 • Legal challenges • Negative PR*M15 & M16 ©2010 Liberty Building Forensics Group® 18
  • 19. FACTOR 1: Protection Against Risks for Increased Construction Defects 1. Compare the building to the risk table 2. Identify the green objectives and rate them for increased risk 3. Develop risk and QA management plan targeting those higher risk objectives 19©2009 Liberty Building Forensics Group®
  • 20. Building at a Glance Name: MA. Maritime Academy Residence Hall Location: Buzzards Bay, MA. Size: 90k ft2 Completed: 2007 Cost: $14.1M Certification: LEED® Gold 20©2009 Liberty Building Forensics Group® .Source:April2009issueofED+Cmagazine FACTOR 2: No Premium for Green Buildings
  • 21. Points Item Cost Comment 0 Prereq. 1: Fundamental Commissioning $22,000 Cost of independent commissioning agent 0 Prereq. 2: Minimum Energy Performance $0 Basic energy-code requirements 0 Prereq. 3: CFC Reduction $0 Basic code requirement 10 Optimize Energy Performance $641,120 Prescriptive approach and minimal system requirements 3 On-site Renewable Energy $8,000 100% of electricity required by building provided by photovoltaic array and existing wind turbine 1 Additional Commissioning $8,000 Cost of independent commissioning agent 1 Ozone Depletion $0 No refrigerants utilized 21©2009 Liberty Building Forensics Group® Energy and Atmosphere: LEED® Points .Source:April2009issueofED+Cmagazine
  • 22. Points Item Cost Comment 0 Prereq. 1: Minimum IAQ performance $0 No cost – basic code requirement 0 Prereq. 2: Tobacco Smoke Control $0 No cost to prohibit smoking at a campus facility 1 IAQ Management Plan: Construction Phase $0 No real cost, just best construction practice 1 IAQ Management Plan: Occupancy $500 Estimate for energy costs during flush-out procedure before occupancy 1 Low-Emitting Adhesives and Sealants $0 No real costs – now readily available 1 Low-Emitting Paints and Coatings $0 No real costs – now readily available 1 Low-Emitting Carpet Systems $0 No real costs – now readily available 1 Chemical and Pollutant Source Control $500 Added costs for MERV 13 filters 1 Controllability of Perimeter Systems $0 No real cost due to dormitory room layout. Switch on room wall and operable windows. 1 Daylight & Views: Views for 90% $0 No cost due to dormitory room layout 22©2009 Liberty Building Forensics Group® Indoor Environmental Quality: LEED® Points .Source:April2009issueofED+Cmagazine
  • 23. Copyright Liberty Building Forensics Group - use by permission only 23 “New materials are unproven by definition. Like most experiments they tend to fail. If the experiment is the whole exterior of the building [or the entire HVAC system], they fail big.” Quote from “How Buildings Learn: What happens after they’re built” by Stewart Brand FACTOR 3: Innovative Green Products
  • 24. Copyright Liberty Building Forensics Group - use by permission only 24 “New materials are unproven by definition. Like most experiments they tend to fail. If the experiment is the whole exterior of the building [or the entire HVAC system], they fail big.” Quote from “How Buildings Learn: What happens after they’re built” by Stewart Brand FACTOR 3: Innovative Green Products
  • 25. ©2010 Liberty Building Forensics Group® 25 Sample Flush Out Procedure from LEED 2.2 Calculations for 100K sf SE US Building showed 200K gallons of added water during LEED Flush Out •Equipment not usually sized for this load •May void equipment warranty •Time is not often factored in to construction schedule*Hensley Field •Often taken as an “easy credit” •Alternate is IAQ sampling Processes like flushing the air in a new building is a “time hog”, says one (contractor) -Quote from contractor, Insurers Worry About Green-Building Risks, ENR 2008
  • 26. Copyright Liberty Building Forensics Group - use by permission only 26 New Bio Based Insulation
  • 27. ©2010 Liberty Building Forensics Group® 27 Green Buildings Low Risk Buildings Stress new, innovative materials Stress proven materials Carbohydrate based materials Hydrocarbon based materials Stress extra envelope insulation Stress drying potential of envelope (walls and roof) Green Buildings vs. Low Risk Buildings
  • 28. Copyright Liberty Building Forensics Group - use by permission only 28 Interaction with Other Materials • If unfamiliar with new material’s individual performance…. …probably know less about material’s interaction with other components • Recognize additional risk in innovative products…. …and apply higher degree of rigor in evaluation
  • 29. Copyright Liberty Building Forensics Group - use by permission only 29
  • 30. Risks Associated With New Materials & Concepts ©2010 Liberty Building Forensics Group® 30 “New materials are unproven by definition. Like most experiments they tend to fail. If the experiment is the whole exterior of the building, they fail big.” Quote from “How Buildings Learn: What happens after they’re built” by Stewart Brand
  • 31. “In design engineering there are two resources available: The laws of physics and the products of the market. The designer of excellence works with the former and the designer of mediocrity works with the latter.” Quote: Kevin Dickens/Jacobs Corp. 31©2009 Liberty Building Forensics Group®
  • 32. Innovation & Design Credit Possible LEED® Innovation in Design Credit 32©2009 Liberty Building Forensics Group®
  • 33. 33©2009 Liberty Building Forensics Group® .Source:DraftASHRAEStandard189.1,ThirdPublicReview(May2009) FACTOR 4: Back Door Codification
  • 34. Elements of a Comprehensive Peer Review Plan 34©2009 Liberty Building Forensics Group® Design Construction Occupancy Decreasing Options for Solutions Cost of Action/ Solution LevelofInfluence 100% 0.0% Source: Adapted from Quality in the Constructed Project, American Society of Civil Engineers, 1988. HVAC Review Envelope Reviews VE Input Contractor Submittals T&B Input Post Construction Performance Verification
  • 35. What a Peer Review Is 1. Inserting SME into the process 2. Mirrors the healthcare industry 3. Green drives need for SME on products Copyright Liberty Building Forensics Group - use by permission only 35
  • 36. What a Peer Review Is NOT 1. Additional insurance policy 2. Contracted to Owner 3. Requested by any project team member 4. Does not replace LEED Consultant Copyright Liberty Building Forensics Group - use by permission only 36
  • 37. 37©2009 Liberty Building Forensics Group®
  • 38. Use of Innovative & Energy Saving Products Can Have Unintended Consequences 38 •Hides water leaks •Reduced wall drying •Air infiltration not easily detected ©2010 Liberty Building Forensics Group® •Curing issues
  • 39. Vegetative Roofs ©2010 Liberty Building Forensics Group® 39 Leaks (known claims) Safety •Maintenance •Attractive Nuisance •Guardrails •Brush Fires IAQ •Fertilizer •Pollen Structural •Structural stability*M3 •Overwatering effects on other building components http://www.insurancejournal.tv/ videos/4139/
  • 40. Cool Roofs – “White” Roofs ©2010 Liberty Building Forensics Group® 40
  • 41. ©2010 Liberty Building Forensics Group® 41 Green Buildings Low Risk Buildings Do not address rainwater concerns Stress rainwater intrusion avoidance Do not fully stress air barriers except from energy perspective Stress air barriers Green Buildings vs. Low Risk Buildings
  • 42. Unintended Air Flows ©2010 Liberty Building Forensics Group® 42 • Opened April 2001 • Closed July 2002 • Cost to remediate- $65M *M4
  • 43. Riverhouse, NYC ©2010 Liberty Building Forensics Group® 43 • Going for Gold LEED • $1.5MM Claim • Cold air infiltration • 49% Deviation in cumulative size of cracks and holes
  • 44. FACTOR 5: Emerging Green Building Requirements Copyright Liberty Building Forensics Group - use by permission only 44 1. Owner’s commit to sharing use data (energy/water) 2. LEED certification can be revoked 3. Third parties can initiate USGBC non- compliance action
  • 45. 121 Building Study by USGBC Copyright Liberty Building Forensics Group - use by permission only 45
  • 46. Copyright Liberty Building Forensics Group - use by permission only 46
  • 47. Lessons Learned UFAD System: warmer UFAD supply airflow doesn’t allow for dehumidification at the UFAD units without the use of reheat, which was not an option. Dedicated OA units used for ventilation and dehumidification requirements. Control Sequences: Very complex control sequences require additional designer time to ensure that end performance matches expectations. Air Leaks: It is more difficult to seal a building against air leaks than it is to agree to a leakage target with a contractor. Actual Air Leakage>5x the Design 47 Heifer Intl. HQ – LEED Platinum High Performance Buildings – Winter 2008 ©2010 Liberty Building Forensics Group®
  • 48. Regulatory-Government Mandates • CalGreen-2010 (effective 2011) – USGBC has been critical – El Dorado County fighting extra permit fees as “tax” • City of Albuquerque “green code”-2007 – AHRI v. City of Albuquerque-2008 – Energy efficiency requirements will harm HVAC/water heating vendors and contractors • Cannot sell non-compliant equipment • Repairs will trump replacements • Home sales affected by increased costs • Confusion among manufacturers, distributors, contractors – Not unusual for challenge to new regulatory schemes – Preliminary Injunction by District Court-2008 ©2010 Liberty Building Forensics Group® 48
  • 49. Regulatory-Government Mandates • Washington, DC Green Building Act-2006 – Requires compliance w/LEED for private & public (2012) – Green Building Performance Bond is really license or compliance bond, typically guarantees compliance with law or code. Performance: perform contract in accord w/T&C – Does not designate which party provides – Sureties may be reticent to issue • Toronto to Mandate Green Roofs-2009 – Covers most buildings, including residential >6 stories • Arlington County, VA-2009 (1999, 2003, 2009) – Public Buildings will be LEED certified – Private Buildings Floor Area Ratio increases for LEED ©2010 Liberty Building Forensics Group® 49
  • 50. Contract/Legal/Insurance Risks • Many parties have responsibility for LEED*M5 & M6 – A/E has 66% – GC and Owner share 33% – LEED consultants and Commissioning Authorities • Contract Forms do not deal with consequences – AIA B101-2007, Standard Form of Agreement Between Owner and Architect – AIA B214-2007, Standard Form of Architect’s Services: LEED Certification • LEED projects may have mix of design and performance specifications, which confuses liability • DBIA may have better contracts for liability*M7 ©2010 Liberty Building Forensics Group® 50
  • 51. Regulatory-Conflicts & Uncertainties • Conflicts & confusion between government mandates and independent rating systems – LEED – Green Globes – NAHB/ICC/ANSI – AIA Study – ASHRAE 189 • Uncertainty of code changes especially during construction phase*M11 • Uncertainty of LEED decisions – Decisions on credits may not occur until end of construction – Reviewers not local – Reliance on third party inspectors (Green Building Certification Institute) ©2010 Liberty Building Forensics Group® 51
  • 52. Regulatory-Conflicts & Uncertainties 52 Project at a Glance Name: Emory Universtiy Whitehead Biomedical Research Building First LEED® Certified Building in Southeast Achieved Silver Rating ©2010 Liberty Building Forensics Group®
  • 53. Regulatory-Codes • LEED is not a code, or written in code language – Codes written to ensure safety of occupants – LEED not always climate or regional specific • LEED 2009 begins to address some regional differences • Humidity issues still a concern • Light sensor burnout in NW due to changing cloud cover – Will local officials be able to interpret? – Conflicts with other codes – Antitrust Implications*GRELJ2 • USGBC and FSC (MR-7 credit) ©2010 Liberty Building Forensics Group® 53
  • 54. Thom Mayne on LEED • SF Federal Building • Uses 50% energy • Earned awards for energy efficient design • May not earn base LEED ©2010 Liberty Building Forensics Group® 54 LEED should give performance requirements and let the architect solve the problem. The point system doesn't scale. A bike rack and air conditioning get you the same point. I'd much rather see BTU and CO2 requirements and let the professional community solve the problem. If you give proscriptive requirements, it stagnates new development and research. It's like taking a blue book test. You don't need to know the subject. Because architects deal in creative problem solving, some of that will be curtailed by proscriptive systems. I also think the LEED point system is overladen in the construction phase versus lifetime energy consumption and secondary effects
  • 55. 55 Regulatory-Codes • Developed in conjunction with USGBC and IESNA • Written in Code Language • Focus on energy savings • Increase in minimum energy savings by 30% ©2010 Liberty Building Forensics Group®
  • 56. Incentives, grants, tax credits, etc Tierra on Ashley, Ann Arbor, MI Project Budget $9 M DDA TIF Grant $275 K DDA Meter Bag Waiver $18 K Brownfield TIF Credit $718 K Brownfield MBT Credit $1 M TOTAL INCENTIVE $2.01 M Source: Dax Ponce de Leon, PMA Consultants 56©2010 Liberty Building Forensics Group®
  • 57. City of Ann Arbor, Michigan Floor Area Premiums for LEED Certification LEED Certification Energy Performance Points (Min) FAR Bonus (% of Lot Area) Silver 4 50% Gold 6 150% Platinum 8 250% Source: Dax Ponce de Leon, PMA Consultants What Happens If LEED is not Met After Building is Constructed? Regulatory-Incentives 57 ©2010 Liberty Building Forensics Group® Arlington Co., VA has similar FAR Bonus Program Nashville, TN Proposed Density Bonus

Hinweis der Redaktion

  1. Muscia—energy above promise other energy articlesMusica—lost client due to security daylightingLost tenant who wants green image, including turnkey tenant
  2. CA Academy of Sciences (wavy roof)Reston underground Terraset Elementary schoolFrench museum with vertical garden Musée du Quai BranlyInsurance journal=---current technology is about shedding water; vegetative is about holding water02/23/2006The vertical garden at the Musée du Quai BranlyWalk along the Quai Branly, the thoroughfare that runs along the left bank of the Seine between the Pont d'Alma and the Eiffel Tower, and you'll see a site that will make you rub your eyes in disbelief. A building four stores tall, parts of it still under construction, whose walls are entirely cloaked in living vegetation from roof to sidewalk. You're looking at the new Musée du Quai Branly, and what you're seeing is the latest hallucinatory creation of Patrick Blanc, world-trotting botanist, heavy-weight scientist, inventor, and designer of these stupendous vertical landscapes.For nearly ten years, Patrick Blanc, a resident scientist at the prestigious CNRS (Centre National pour la RechercheScientifique), has been creating vertical gardens of a complexity and scale never before realized. Inspired by the plant communities that thrive on wet vertical rock surfaces in nature the world over, Blanc devised an ingenious system to replicate this natural situation on the walls--both indoor and outdoor--of urban buildings. Drawing from a palette of plants adapted or adaptable to this environment from all over the world, he has installed his mursvégétals (vegetal walls) in at least eighteen different locations, many of them in and around Paris.
  3. Parties share responsibility—musica vicarious liability and client esthetic changes
  4. Musica—unrecognized code changesAIA study
  5. LEED MR-7 requires 50% wood certified by Forest Stewardship Council. There are >50 forest certification regimes globally, four major players in US include FSC, Sustainable Forestry Initiative, Certified Family Forest, and American Tree Farm system. USBGC is considering developing its own—USGBC Forest Certification System Benchmark. Concerns that MR-7, when adopted by government, is anti-trust since only FSC wood can be used. Also, concerns about FSC and USGBC relationship
  6. Thom Mayne—Morphosis—2005 Pritzker prizeSfcurbed.com—Thom Mayne calls bullshit on LEEDGeorge HW Bush Federal Building SFOccupants have complained it is not conducive to workLimited climate controlsSkip stop elevatorsRelies heavily on natural ventilation