It is surprising to many in the environmental industrial complex that there has been relatively little litigation arising out of green building.
There have been only a very modest number of cases commenced in courts across the country involving construction of green buildings.
Expected foliage cover ranges from 20 to 60 percent depending on the size and type of building, with residential dwellings less than six stories high exempt from the mandate.
Green roofs are an apt counterweight to the urban island phenomenon, in which urban zones are found to be several degrees hotter than surrounding rural areas because of their concrete density relative to moist, permeable land and vegetation.
“I’m very passionate about climate change, and with our recent election, it’s time for our citizens to take the initiative and battle some of the climate changes we are experiencing,” Madison Backens, a biology student at the University of Colorado Denver and the initiative’s primary sponsor, told the Post.
A number of other cities, including Chicago, Seattle and Portland, have offered incentives to encourage green roofs instead of mandating them.
Lawmakers in France recently decreed that all rooftops of new commercial buildings must be covered in either plants or solar panels.
Other major cities have gone to similarly stringent lengths, with the city of Toronto, Canada, mandating green roofs on all new buildings in 2009—whether residential, industrial or commercial.The reason for the dearth of court cases is not that there are no disputes and differences arising from green building design and construction, but rather that many, if not most of the contracts in sustainable construction require mandatory arbitration, in lieu of a judicial contest.Appreciate that this limited number of disputes pursuing courtroom redress exists against a backdrop of a rising number of actual claims in green building construction projects.And the dollar amount of those claims is increasing.The vast majority of those claims that this law firm is involved in are resolved through mediation or arbitration and it is the rare case that ends up in judicial redress.If you have any questions, please email them to [email protected]