Legal LEED

They aren’t designing or building buildings and they aren’t scrutinizing certification applications, so why are local lawyers earning LEED accreditation?

The U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) standards have been reshaping construction practices in many communities across the country. LEED guidelines for creating or remodeling buildings and designing interiors aim to lessen the impact of structures on the environment and reduce energy consumption. And while the standards specify the requirements for a building or office to achieve LEED certification, an individual can also be certified—as a LEED-accredited professional, or LEED-AP.

The AP designation indicates a thorough familiarity with the requirements for a building seeking LEED certification. Typically, LEED-APs are contractors or architects—people who are directly involved in a building project—who will shepherd it through LEED certification, making sure it meets all the requirements and submitting the correct documentation.

But recently, a handful of attorneys in the Twin Cites have achieved LEED-AP status. They say it will help them and their clients in several ways.

Opportunity Costs

Patrick Compton, a partner with Minneapolis-based law firm Lindquist and Vennum, who represents architects, contractors, and developers and focuses primarily on litigation, earned his LEED-AP earlier this year. “I figured it would make a lot of sense for me to understand the nuances of the certification and accreditation requirements so that I could better assist my clients,” Compton says.

A familiarity with LEED issues can be useful in negotiating construction contracts. Building owners who pursue LEED certification and other sustainability goals can reap financial rewards, such as tax rebates and incentives from state or city governments. But if the ball is dropped and the project doesn’t achieve certification or other requirements for tax benefits, legal battles may arise. Who is held responsible? The general contractor? The architect? The developer? Compton notes that the collaborative nature of sustainable-building design and construction can blur the lines of legal responsibility on a project.

“It’s just a matter of time before we do see that project that misses its certification, and that certification was going to entitle the owner to tax incentives, tax rebates . . . something that they ended up losing,” Compton says.