Civil Engineering July 2022 | Vol 30 No 6

Civil Engineering July 2022 37 now there are aspirations to zero energy use or carbon neutrality, and even ‘positive energy’, which can return unused energy from renewable sources back to the grid. Water can be saved with low-use fixtures and efficient dis- posal, including the reuse and recycling of grey water. Resilience can be designed into buildings with adaptable spaces that are updated as needs change, saving resources and reducing waste. New innovations are enabling smarter sustainability choices to be incorporated at the design stage. Building information modelling (BIM) creates a layered digital model of a structure, showing its design and functions, while digital twins are simula- tions that collate data for insights on how buildings will be used. Data also powers the Internet of Things (IoT) and its efficiency-driving potential. Connected devices, sensors and wearable technologies can boost ESG performance in a range of functions, including energy usage, predictive machinery mainte- nance, waste management, budget control, and health and safety. When it comes to choosing building materials, construc- tion professionals need to take a ‘whole of life’ view of potential impacts on the environment and natural resources. Along with immediate concerns, such as ethical sourcing, transportation, potential toxicity, or permeability, any assessment of longer-term impacts should include durability, potential for reuse, and how materials will be disposed of. As well as exploring alternative materials, professionals should consider innovative building practices to cut their emissions and costs. Modular construction – once known as ‘prefab’ – is generating renewed interest, thanks to digital tools that enable the precision manufacturing of building components off site. Advocates of the practice cite streamlined material use, lower costs, easier quality control, and reduced exposure to the ele- ments as its advantages. EXPECT THE UNEXPECTED Industry professionals will be expected to keep up to date with new advances in technology, materials, and practices that might contribute to the environmental performance of a building. But new innovations can carry risks. As climate change presents new challenges, novel project designs will need to be drawn up – sometimes with untested results. Unintended consequences can arise, even from the best inten- tions. Renewable energy infrastructure may create ‘clean’ power, but the inadequate disposal of solar panels has led to harmful materials leaching into the environment. Decommissioned wind turbine blades are also clogging up landfill sites. There are con- cerns, too, about onshore wind’s effects on bird migration, and offshore farms’ impact on fishing and recreation. WHAT CONSTITUTES REASONABLE SKILL AND CARE? Environmental legislation and regulation vary greatly by country and region and are likely to become more stringent. Professional associations that incorporate ESG requirements, along with heightened consumer expectations, could further expand the standard of care construction professionals are held to at present. Failure to meet targeted ratings from recognised organisations could result in claims against professionals. In the absence of any written terms and conditions to the contrary, construction professionals have a legal duty to exercise reasonable care and skill. The test for determining this is whether the professional has carried out their work to the same standard that another reasonably competent member of their profession would have. If they have not equipped themselves with the knowledge and skills to do so, and if they have not informed their clients of the potential impact of climate change on buildings, they could be deemed negligent or responsible for a loss. For example, following the devastation wrought by Hurricane Katrina on New Orleans in 2005, a class action was brought by the Saint Bernard Parish Government and other property owners against the US government. A shipping channel built in 1968 by the Army Corp of Engineers was argued to be a partial cause of flooding because of the wetlands that were destroyed in its construction. The plaintiffs did not ultimately prevail, but future actions have the potential to conclude differently. In 2006, contractor MT Hojgaard was engaged to design, fabricate and install foundation structures for 60 offshore wind turbines. While the project followed accepted design standards, failures in grouted connections occurred. It was later found that these same failures were experienced across the industry and that MT Hojgaard should have known of these well-reported failures. MEASURING ESG Several organisations provide measurable achievement and independent ratings for the design and construction of buildings, allowing for better-informed decisions by property owners, ten- ants or residents. Q Q BREEAM : One of the longest-running sustainability assess- ment methods for project master planning, infrastructure and buildings. It can be used for new construction, in-use, or refurbishment – the entire building life cycle. Q Q WELL : A framework for creating and certifying spaces to promote health and wellbeing. Q Q LEED : A rating focusing primarily on the impact of energy consumption. Q Q Green Globes : An online assessment protocol, rating system, and guidance for green building design, operation and management. PROFESSIONAL INDEMNITY: QUESTIONS INSURERS MAY ASK ABOUT DESIGN AND BUILD Insurers will take into account several sustainability areas when considering whether to underwrite the risks of a construction project, including the following: Q Q Will the construction company and its design provide services that are significantly environmentally impactful, such as working in a protected area like a wetland? Q Q Will the project use raw materials that are mined? What other natural resources will it use? Q Q Where does the company operate? Regulations vary by juris- diction and the geography of each region presents different challenges and risks. Q Q What is the company’s ESG policy and how is this overseen, communicated, and implemented? Q Q What are the reputations of the company’s partners and suppliers? Q Q What is the insurance loss history of the company, including on similar projects they have undertaken? Q Q Are standard or tested contracts issued that clearly communi- cate the requirements and expectations for all parties?