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Contracts for Climate Change – Summaries of Construction Clauses (1)
Each of the precedents has a child’s name chosen by the drafting team. This is to encourage long-term thinking and to focus on the next generation as they will be most affected by the serious consequences if we fail to effectively respond to the climate crisis.
GREEN DESIGN AND CONSTRUCTION STANDARDS — ESTELLE’S CLAUSE
JCT ENERGY EFFICIENCY AND ENVIRONMENTAL OBLIGATIONS — MARY’S CLAUSE
#greenconstruction #greenprojects #climaterisk
#JCTconstructioncontracts #buildingforthefuture #greenconstruction Issue Standard JCT contracts do not include environmental standards or provide a remedy for missed energy efficiency targets. Solution Mary’s Clause would introduce energy efficiency as part of completion in Design and Build documents. Impact The clause would ensure new buildings hit desired energy efficiency requirements including a lower carbon footprint.
Issue Current standards that contractors and service providers must adhere to under construction contacts do not include the consideration of climate risks or other sustainability objectives. Solution Estelle’s Clause would create a new standard of care in construction contracts, requiring adherence to environmental “Best Industry Practice” and ensuring that the project meets “Green Objectives” upon completion. Impact The clause would make sure that construction projects do not unnecessarily exacerbate climate risks, and are delivered to withstand potential future climate risks.
GREEN CONSTRUCTION MODIFICATIONS — LUNA’S CLAUSE
#greenconstruction #greenprojects #energysaving
Issue Building contractors are not incentivised to provide greener solutions to project design or construction processes once a project has commenced. Solution Luna’s Clause would incentivise building contractors to propose “Green Modifications”, which will benefit the employer, the project and the environment, during the course of a project. Impact The ability to introduce “Green Modifications” would have a positive impact on the environment and Climate Change in the long-term and benefit employers by reducing the long- term energy or financing costs of projects.