Failure to Meet Green Building Protocol Adopted by Statute Could be Evidence of Negligence
When a construction agreement requires that a building satisfy a particular green standard or protocol that has been adopted by a municipal governing body as a precondition to a density enhancement, for example, or that forms the basis for a State requirement, such as the high performance green building standards, N.J.S.A. 52:32-5.3, et seq., which apply to newly constructed buildings of at least 15,000 square feet used exclusively by a State governmental entity, the failure to meet the requirements of such standard or protocol on the part of the builder may be evidence of negligence (in addition to constituting a breach of contract). Indeed, New Jersey courts have held that although the violation of a statutory duty of care is not usually conclusive on the issue of negligence, it is a circumstance that a jury should consider. See Eaton v. Eaton, 119 N.J. 628, 642-43 (1990).
