Benefits, Risks & Liabilities of Green Roofs
Tuesday, May 5, 2009 at 3:19PM
Solaire Building, New York. Photo: Earth Observatory
Green roofs have been a part of building for over a thousand years. The current green building movement has, however, had the greatest impact on the growth of the green roofing industry. The United States Environmental Protection Agency ("U.S. EPA")defines a green roof as a roof that "consists of vegetation and soil, or a growing medium, planted over a waterproofing membrane.” There are two basic types of green roofs, (i) an extensive roof, which has a few inches of soil cover and (ii) an intensive roof that has two feet or more of soil for a variety of grass, trees, bushes and shrubs. Green roofs are used in a multitude of buildings, including industrial facilities, commercial offices, retail properties and residences. The benefits of a green roof include reduced storm-water runoff, absorption of air pollution, reduced heat island effect, protection of underlying roof material from sunlight, reduced noise, and insulation from extreme temperatures. A green roof can thus be a critical design element for a green building. As more properties across the country are attempting to obtain LEED certification, it is worth noting that a green roof can help a property obtain over a dozen LEED credits, including credits for reduced site disturbance, landscape design that reduces urban heat islands, storm water management, water efficient landscaping, innovative wastewater technologies and innovation in design. The increase in green roofs and the green building movement is also resulting in an increase in liability resulting from errors in the design, installation or maintenance of green roofs. As a result, owners, design professionals and contractors should carefully consider ways to mitigate the potential risks involved with building a green roof.
In order to mitigate liability, the stakeholders in a project that features a green roof should clearly detail their expectations and performance requirements in their contracts. This will require preparing contracts that might not easily fit within standard forms of architect and construction contracts. A clear example of green roof liability was detailed at the AIA Convention 2007. In that instance, the green roof contractor and structural engineer failed to communicate the specifics of the green roof. The result was water leakage and sizeable damage. This scenario could have been avoided by simple communication. One can easily imagine potential disputes arising from any of these following situations, (i) failure to deliver the energy efficiency levels claimed by the installation of a green roof, (ii) failure to deliver a green roof that results in the claimed number of LEED credits that should be awarded by the USGBC , (iii) mold or other environmental hazards as a result of poor maintenance of a green roof, or (iv) a roof collapse resulting from a green roof that was not properly constructed, installed or maintained. Parties should look to limit unnecessary liability by drafting contracts that clearly detail how the applicable parties will be responsible for each of the above-mentioned items. Although liability for said items is not able to be eliminated, it is important to all stakeholders that it is appropriately detailed in contract form, instead of by a judge or jury.
Notwithstanding the most experienced green professionals (architects, engineers, land-use planners, landscape architects, appraisers, accountants, attorneys) being designated by the Institute of Green Professionals, green building owners and general contractors should engage experienced green roofing professionals when building a green roof. The green roofing industry has begun to assist in this regard by designating such professionals. Green Roofs for Healthy Cities has established the Green Roof Professional ("GRP"), which designation was created to distinguish certain individuals that have achieved a specific knowledge level with regard to green roof design, project management, installation and maintenance. The goal of the designation level is to allow green roofing professionals to differentiate themselves, establish an increased level of professionalism in the green roofing industry and help protect the public health, safety and welfare by the building of better green roofs. I would strongly encourage clients to seek GRPs when working on a green roof in an attempt to mitigate unforeseen liability. It is worth noting, however, that one likely unintended consequence of this accreditation program for GRPs is that they could very well be held to a higher standard of care should any problems occur following the installation, repair or maintenance of a green roof.
Green roofs provide a benefit to the environment, energy efficiency related savings to property owners and tenants and potential credits for owners seeking LEED or other third party green building certification for their property. The legal risks and potential liabilities of green roofs should, however, be carefully examined, both by companies considering installing a green roof and by green roof professionals themselves before getting involved with any green roofing project.
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Geoff White is a Senior Associate in the Commercial Transactions and Real Estate Group at Frost Brown Todd. He is a Fellow of the Institute of Green Professionals (FIGP) and aLEED Green Associate (LEED GA). A sizeable portion of his practice is spent advising clients on the legal issues of green building and sustainable development. He recently co-authored the chapter “Understanding and Mitigating the Legal Risks of Green Building,” in the Aspatore Books Inside The Minds – Negotiating and Structuring Construction Contracts. Mr. White is licensed to practice law in Kentucky and Ohio. Contact him at gwhite@fbtlaw.com or (502) 568-0202.
Above: Seattle City Hall. Photo Design Cost Data
Reader Comments (17)
Interesting read, particularly...
"A clear example of green roof liability was detailed at the AIA Convention 2007. In that instance, the green roof contractor and structural engineer failed to communicate the specifics of the green roof."
It's good that there is "the Green Roof Professional ("GRP"), which designation was created to distinguish certain individuals that have achieved a specific knowledge level with regard to green roof design, project management, installation and maintenance." I just hope that the GRP designation requires some field experience and is not just a book and classroom certification. It would be better if it were like RE agents vs. brokers, EITs vs. PE, where there is a certification that shows when they person has experience.
Posted by William Lull
You are touching a very interesting issue.
Posted by Carlos Gomez
Thanks for that-very informative.
Posted by Jim DesJardins
See also May issue of National Geographic on Green
Roofs.
Posted by Morty Prisament
Good article. In my construction monitoring work, several buildings now have green roofs and setback roof terraces.. Roofs that also contain the mechanical equipment necessary for building operations. It is necessary to protect this equipment from the public users of the green roofs and roof decks to avoid various hazards and unintended maintenance costs. It is also necessary to consider roof edge barricades for fall protection. While a nice wide parapet may be great fo setting your drinks on, it is also an invitation to sit on and possibly fall over the edge. Barricades should not be climbable.
Posted by Thomas M. Leigh, AIA
Great article, Thanks!
Posted by Matthew McKee
It's not surprising what can go wrong with faulty construction no matter what the
product or application is. You definitely need the right experts and liability coverage. It's amazing what the outcome can be when done right.
Posted by Jolyn Crawford
There will undoubtedly be more of these "eco-risks" as our built environment turns green, but this particular risk is one being ensued right now, and therefor needs the attention given to the points this article discusses thoroughly. However, it is not a wager of risk on the question of should you -or- shouldn't you incorporate a GR; because they will and should be incorporated out of necessity, even if at first the endeavor is simply in the strive for LEED points; once their benefits are truly realized we'll understand why so many cultures before us naturally made this sustainable decision that we've been hesitant to make for too long.
Instead, the risk comes from wagering which type of GR is the best for you and your desired ROI; the best looking, the best functioning, the most independent/maintenance-free, fastest installed, the best for use by continual human traffic, which retains the most stormwater. Paneled, modular, extensive, intensive. I see great potential in, and am therefor curious to know: does anyone know of journal- published research aimed not at the question of whether to GR your building or not, but towards a scrutinous, task-analysis/risk-benefit documented study to determine what type of GR you would, or perhaps will, be most inclined to choose? Thank you in advance for any responses.
Thanks for the info! Very useful.
Posted by Anthony Cassel
01. Good info. Thanks
02. Would you have Roof Garden designs freely downloadable in the Internet?
Posted by Ernesto C. Del Castillo
this has been very informative and educative on the negative effects of green roofs!
Thanks Grant. I'm exploring green roofs as a possible business niche, and have been thinking about the special risks involved as a GC.
Posted by Pam LoPinto
Geoff,
Great post and very informative. There are a number of large buildings in downtown San Diego that have been built with green roofs. The jury is still out on their environmental benefits, but there is no doubt of their success in aesthetics and public placemaking. There's nothing better than having your lunch while looking out over the city towards San Diego bay and Coronado island.
But here is my concern. I have never seen any specific comparisons between green roofs and roofs with integrated solar panels. In the desert southwest where I live (near Palm Springs), it is my gut feeling that a green roof would be environmentally unsustainable due to the irrigation and fertilization requirements in an arid environment where temperatures can regularly reach 110 to 120 degrees during late Spring, Summer, and early Fall. On the other hand, we have 360+ days of sunshine that can be captured, converted to electricity, utilized by everyone, and will reduce coal, fossil fuel, and other hydrocarbon based energy production methods. An additional benefit from an environmental/aesthetic perspective is that you do not need thousands of miles of high-tension transmission lines to bring the power to the user. The power generator and the user is one-in-the-same!
It would certainly make for an interesting debate. Do our clean energy production needs outweigh our desires for greater energy efficiency and aesthetics? Or vice-versa?
Most contractors seem to prefer the tray system. Easier to install and understand.
Posted by Anthony Cassel
Thanks for all of the feedback to the article. Since posting another interesting item came up, specifically a potential labor dispute in connection with the green roof installation of the Target Center in Minneapolis. The contractor has paid certain construction workers on the green roof as landscapers and not roofers. This is nearly a $20 an hour difference in pay and could obviously have a dramatic effect on green roofing for public projects around the country. All of this just goes to show the emerging nature of the green building industry results in certain issues that can catch us all off guard.
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