Q&A with Lane F. Kelman
Our newsletter team recently sat down with the Chair of the firm’s Green Building Group, Lane Kelman.
Q: Tell us a little about your practice and the Green Building Group.
A: My group understands the unique issues that arise with green building design and construction and provides legal counsel to owners, design-builders, and the trades that perform work on sustainable projects. During the contract preparation phase, we work with clients to develop customized contracts that minimize risk and pass liability onto the appropriate parties. Most standard forms do not adequately do that because they do not consider the complexity involved in achieving sustainable goals, and they do not appropriately allocate responsibility. Once work commences, my team counsels clients on addressing potential problems, whether delay, defect, or certification related.
Q: What changes have you seen in the industry over the past decade?
A: Sustainable projects have become much more prevalent. “Sustainability” is part of the everyday vernacular now. Years ago, a sustainable project was an outlier, and pricing often reflected the lack of familiarity. Now, all of the players are much more familiar with sustainable projects, their accompanying requirements, and the technical specifications. The American Institute of Architects actually created its own sustainable contract forms a few years back in recognition of the increased number of sustainable projects.
Q: What types of problems do your clients typically face?
A: I group the problems into two categories. The first category relates to contract provisions. Too many times, a contract is not adequately tailored to the project requirements and related risks. So if a situation arises, the contract does not sufficiently account for that specific scenario, whether it be certification, proprietary materials, or warranty-related issues. The second category relates to disputes. Project close-out, delay, and construction defects are often the types of disputes that arise. The legal concepts are the same as any other construction dispute, but causation is sometimes more novel. For example, a new sustainable product that was specified may, in fact, be more “green” but may perform poorly for its intended purpose, e.g., a “green” cladding. We assist in resolving issues over liability for the poor performing product and any damages caused by its installation.
