Bouwer, K A (2016) Building disappointment: the limits and potential of tort liability for energy efficiency problems in domestic buildings. PhD thesis, University College London, UK.
Abstract
This interdisciplinary thesis examines the potential for liability in tort in relation to two problems, which recur frequently in energy efficient buildings: energy efficiency failings – the 'performance gap' – and summer overheating. It works at the interface between tort theory, climate change litigation and energy efficiency, a key requirement for the mitigation of climate change. It is grounded in two key theoretical perspectives. The conception of private law is pluralist: a structural model of tort based on Cane’s ‘anatomy’: variably protected interests of parties in a correlative relationship. It relies on instrumental approaches to private law, informed by regulatory theory, strongly to emphasise the potential for liability outcomes to frustrate an already weak and poorly enforced policy area. The second theoretical perspective is a conception of climate change as a multiscalar phenomenon, a workable solution to which will require coherent treatment on all levels and across all scales. It highlights the need for 'climate consciousness': greater attention on small and more mundane issues that interface with aspects of domestic climate policy. The first half of the thesis explores the research context and encompasses most of the interdisciplinary work. It explains how building energy efficiency might technically be achieved and how problems arise. It explores the governing regulation, including the shortcomings of regulatory enforcement. The second half of the thesis examines doctrinal and theoretical mismatches that could arise in adjudicating the problem areas. The core conclusions include concerns that disputes in this poorly regulated area might undermine decarbonisation and hence, climate change mitigation policy; in addition, 'climate blind' litigation can lead to perverse outcomes which reinforce a lack of awareness of both climate adaptation and mitigation policy goals.
| Item Type: | Thesis (Doctoral) |
|---|---|
| Thesis advisor: | Lee, M |
| Uncontrolled Keywords: | climate; climate change; disputes; liability; litigation; performance; policy; regulation; efficiency; energy efficiency |
| Index terms: | enforcement, climate adaptation, summer, efficiency, mismatch, mitigation, consciousness, liability, energy-efficient building, regulation, domestic building, dispute, climate change, overheating, litigation, energy efficiency, performance gap, climate policy |
| Subjects: | construction type, engineering problems, performance management, health safety and environment, financial risk, climate science, political science, sustainability and energy, climate policy, dispute resolution, liability law, human factors and perception, sustainable design, thermal systems |
| Topics: | Legal Issues, Sustainability, Research Practice, Quality Management, Cost Management, Governance, Construction Technology, Health and Safety, Engineering Principles |
| Descriptive scope: | 2 PC |
N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here