About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

19 Constr. Litig. [1] (2010)

handle is hein.aba/cstrul0019 and id is 1 raw text is: Construction Litigation Committee www.abanet.org/itigation/committees/construction Spring 2010 Vol.19 No. 1 sputes and Lit gat on of Energy Sayngs Performance Contracts A, By Aaron P. Silberman Aaron P. The federal government incurs billions Silberman of dollars in energy and water costs annually. Recent statutory mandates compel govern- ment agencies to conserve energy and water and reduce these costs. While there are available measures for the government to do so, many of these measures would be prohibitively expensive using appropriated funds. A way in which agencies increasingly have solved this dilemma is through energy savings performance contracts (ESPCs). State and local governments' and commercial owners' use of ESPCs is growing as well. ESPCs are authorized by statute and regulation. They enable the government to obtain energy- and water-saving measures through private investment. The government only pays the contractor, or energy savings company (ESCO), to the extent that promised savings are realized. While it does not take ESP to see that the future of ESPCs is quite bright, these contracts also pose many challenges-some unusual or unique-that may lead to disputes between project participants. What Are ESPCs? Under an ESPC, the government hires an ESCO to perform a detailed energy survey to identify areas in which a government facility can reduce its energy Continued on page 10 Advising Clients in Green-Building Disputes: Four Steps for Defining Roles in LEED Projects By Jennifer Grippa Sustainability has hit the construction market, and sustainable practices and policies are becoming a battleground for owners, architects, contractors, subcontractors, and engineers, among others. Parties attempting to incorporate green-building standards into their construction contracts are having difficulty Jennifer allocating responsibility, particularly Grippa when standards like Leadership in Energy and Environmental Design (LEED) call for an integrated process that requires input from the owner, architect, contractor, mechanical engineer, Continued on page 14 1-Published in Construct!, Volume 19, Number 1, Spring 2010. D 2010 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most