The earth is raging around us, as we bear witness to dramatic increases in the frequency and intensity of climate-related events. From devastating hurricanes and floods to prolonged droughts and wildfires, these events underscore the urgent need for our built environment to be sustainable, adaptable, and resilient. Further, the construction industry is one of the biggest offenders contributing to carbon emissions, energy consumption, and waste generation, among other issues fueling climate change. However, current building codes and standards governing design and construction practices lag behind these rapidly changing climate realities. We know that codes and standards are the “minimum” level of performance, but the question has to be asked whether that is enough anymore? Construction professionals, who once relied on adherence to these codes as a benchmark for safety and compliance, now face a new and complex landscape where meeting a “minimum standard” is no longer sufficient. In a recent conference sponsored by the National Institute of Building Sciences, construction professionals, attorneys, and insurance companies came together to address this crisis.
The NIBS made note of a report prepared by the American Institute of Architects, in which most architects responding to their survey reported that existing building codes are insufficient to make buildings resilient enough to withstand all likely hazards in their locations. Design professionals play a pivotal role in shaping the safety, sustainability, and resilience of our built environment. Their responsibility extends beyond mere compliance with existing codes and standards; it encompasses a duty to foresee and mitigate the impacts of climate change. However, that same report noted that building owners and construction contractors believed that existing codes were sufficient to make buildings resilient. The dichotomy will likely be resolved in the courts. Failure to address the evolving risks of climate change can lead to significant legal repercussions, as seen in numerous recent lawsuits where existing, but outdated, codes were complied with, however, the failure to do more was cited as a contributing factor to infrastructure failures. An example is numerous pending lawsuits in Southern Illinois state court over the collapse of an Amazon warehouse that purportedly did not have any interior storm shelter. The code did not require one, but the building is in “tornado alley,” a feature of weather patterns in the Midwest, and the allegations are that the designers, contractors, and owner should have done more.
Climate Change and the Need for Updated Codes
The escalating impacts of climate change are impossible to ignore. Recent years have seen a sharp increase in extreme weather events which exposed vulnerabilities in our current infrastructure and highlighted the inadequacies of existing building codes and standards. Building codes and standards traditionally are cited as serving to protect public health and safety by setting minimum requirements for construction practices. However, these codes are often based on historical climate data and do not account for the rapid changes we are now experiencing. The process of updating codes and standards is typically slow and reactive, lagging behind the latest climate science and technological advancements.
Challenges Faced by Design Professionals
Construction professionals are increasingly finding themselves on the front lines of litigation when climate-related damages occur. Courts are holding architects, engineers, and contractors accountable for failing to anticipate and mitigate the impacts of climate change. This trend is leading to higher insurance premiums and greater professional liability for design professionals.
One of the key challenges for design professionals is balancing the need to comply with existing codes while also designing for future climate resilience. Codes represent the minimum standard of care, but the rapidly changing climate requires innovative solutions that go beyond these minimum requirements. Design professionals must navigate this complex landscape while managing client expectations and budget constraints. Economic and practical constraints further complicate the adoption of more resilient designs. Clients may be reluctant to invest in measures that exceed current code requirements due to cost concerns, considering the project “over-engineered.”
Practical Strategies for Moving Forward
To address the challenges posed by climate change, design professionals must adopt a proactive approach to design and planning. This involves conducting thorough climate risk assessments at the early stages of a project and incorporating resilience measures into the design. Strategies such as elevated structures, improved drainage systems, and the use of climate-resistant materials can help mitigate the risks posed by extreme weather events.
Design professionals have a critical role to play in advocating for updates to building codes and standards. By participating in professional organizations, contributing to code development committees, and engaging in public policy discussions, they can influence the adoption of more resilient codes. Advocacy efforts should focus on ensuring that codes reflect the latest climate science and best practices in resilient design.
Ongoing education and collaboration are essential for equipping design professionals with the knowledge and tools needed to address climate resilience. Professional development programs, workshops, and seminars can help keep practitioners informed about the latest advancements in resilient design. Collaboration among architects, engineers, contractors, and owners is also crucial for developing integrated solutions that enhance the resilience of the built environment.
Owners and developers play a key role in driving the adoption of resilient design practices. By prioritizing investments in sustainability and resilience, they can ensure that their projects are better prepared to withstand climate-related challenges. Engaging with design professionals early in the planning process and setting clear expectations for climate resilience can lead to more successful and sustainable outcomes. If the owner does not want to “do more,” than the code requires, then their contracts should reflect this choice they alone made, and some hold-harmless language should be provided to protect designers who recommend upgrades that meet the changing climate.
Construction contractors must understand and implement resilient construction practices. This includes adhering to the specifications set forth by design professionals and using climate-resistant materials and methods. Close collaboration with architects and engineers is essential to ensure that innovative designs are executed effectively on the ground.
Conclusion
In summary, the increasing impacts of climate change are exposing the inadequacies of current building codes and standards. Design professionals face significant challenges as they navigate the evolving legal and environmental landscape. By adopting proactive design strategies, advocating for code updates, and engaging in ongoing education and collaboration, they can help ensure that our built environment is resilient and sustainable.
All stakeholders in the construction industry must prioritize climate resilience. Design professionals have a unique opportunity to lead the charge by integrating resilient design practices into their projects and advocating for more robust codes and standards. Together, we can build a more sustainable and resilient future, capable of withstanding the challenges posed by a changing climate.
Biography:
William Thomas is a principal at Gausnell, O’Keefe & Thomas, LLC in St. Louis, where he focuses his practice on construction claims and loss prevention. He is a member of the International Association of Defense Counsel, serving on its Construction Law Committee, an AAA Panel Arbitrator, a Fellow with the Construction Lawyers Society of America, and a member of the ABA Forum on Construction, AIA, and ASCE. He can be reached at wthomas@gotlawstl.com.