With the terms Green Building und Sustainability a variety of complex legal questions is associated which stem from a patchwork of different legal areas, such as construction, environmental, public procurement, energy, leasing, tax and real estate law as well as facility management.
In the context of construction law on the one hand questions of contractual design have to be answered: for example, if a building should adhere to a certain standard for the environmental certification of buildings (LEED, BREEAM, DGNB). With the respective auditor of these certification systems yet another actor is introduced to the scene. This is why clear cut definitions of performance and corresponding delimitations have to be agreed on and recorded in the respective contracts, especially to sort the liability aspects between the various contractors.
On the other hand, to create a contract with well-balanced interests of all parties, the existing public obligations, such as applying for a building permit or any other form of permission, concession, consent or approval granted from a public authority, have to be taken into account. It is, therefore, essential to have a profound knowledge of the oblligation arising from the German Energy Act (EnWG), the German Regulation for Energy Saving (EnEV), the Renewable Energy Heat Act (EEWärmeG) or the Cogeneration Act (KWärmeKG) in detail. In many cases these laws and regulations include exceptions or exemptions from the public obligations which in turn can be used in the contractual negotiation. Finally, it can be expected that aspects of sustainability will become a decisive factor as contract award criteria, e.g. as life cycle costs or the suitability to pursue the professional activity.
HFK Attorneys at Law has excellent expertise in all legal areas relevant for Green Building and Sustainability. Attorneys from different offices are used to working together as a team to meet the individual needs of our clients offering the best solutions reflecting our collective know-how and expertise.
