Going Green: Researching in Legal Affairs and Dispute Resolution

Abstract

Green and sustainable development is a journey toward discovering a new revolution in the built environment. Its destination would create a built environment which would foster wise use of natural resources and ultimately be in harmony with the natural environment. These concepts are generating significant interest throughout the world and causing remarkable changes in the research focus of construction engineering and management. In the last decade, this change has also been visible in the recruitment markets of academia, where universities are now actively recruiting talented academics with research interests in green and sustainable development. Sustainability research covers a large spectrum of topics, such as green purchasing, contract management, conservation policy, construction technology, urban planning, energy, education, health care, environmental management. It has been seen as more than just an environmental issue. Recognizing that these topics are always involved in the change of law and governance, the Journal of Legal Affairs and Dispute Resolution in Engineering and Construction has produced this special issue on green and sustainable construction projects, which has attracted outstanding academics to make their contributions. Although sustainability concerns have already been included in the aims and scope of this journal, this special issue particularly draws the attention to construction lawyers, researchers, and engineers who have opportunities or challenges for researching legal affairs and dispute resolution primarily arising from (1) the enactment of legislation or acts, (2) the changes of standard of care, (3) new ethical requirements, and (4) the changes of contract clauses. We need to better understand the implications of these opportunities or challenges in green and sustainable construction projects. As such, appropriate policy positions and mitigation measures can be developed to ensure sustainability of the industry. Legislation or acts must be enacted in order to control green and sustainable construction. Similar to many other countries, for example, legislation such as the Resource Management Act 1991, the Energy Efficiency and Conservation Act 2000, and the Building Act 2004 covers most of the issues of sustainable management, energy, health and safety in New Zealand. The purpose of the Resource Management Act is “to promote the sustainable management of natural and physical resources,” and avoid or mitigate any adverse effect on the environment arising from the construction activities. For example, proposed developments require environmental impact assessments so as to mitigate possible adverse effects to the environment. The purpose of the Energy Efficiency and Conservation Act 2000 is to “promote, in New Zealand, energy efficiency, energy conservation, and the use of renewable sources of energy.” This act monitors the driving forces of energy efficiency in New Zealand and provides better regulations of the construction industry. The Building Act 2004 requires “buildings are designed, constructed and able to be used in ways that promote sustainable development”. These acts generally reflect the expectations of the Government and the community, and most importantly, regulate the industry to ensure that sustainability is taken into account. “The role of construction professionals goes beyond protecting today’s public, but also to protect our natural environment and future generations.” Other opportunities or challenges for researching legal affairs and dispute resolution are the changing standard of care for construction professionals such as engineers or architects. It is expected that the existing professional practice has been redefined in terms of achieving sustainable designs. It is interesting to see what engineers or architects must do in order to be sustainable and to minimize the legal pitfalls of sustainable design and construction. Engineers should work closely with clients to develop sustainable goals and clarify their standard of care during project development. Similarly, changes in ethical requirements would be considered as another challenge or opportunity. For instance, “sustainable management and care for the environment” has been included in the fundamental ethical value of the Institution of Professional Engineering New Zealand (IPENZ) Code of Ethics. In 2005, this code was revised to incorporate an additional ethical value of professional engineers in. These are as follows: