The primary theme of Green Building Law Update is green building litigation will develop. To date, one of the rare examples of green building litigation is Shaw Development v. Southern Builders, a case that involved a project's failure to achieve LEED certification in a timely matter. Other examples of green building disputes are sparse.
But I am confident the litigation will develop. A recent article, "'Green' projects create new exposures", suggests others agree:
“There is certainly going to be litigation coming out soon around (green buildings) and insurance companies are waiting to see” the loss results before developing coverage products, (David) Cohen, [senior product director for commercial insurance at Fireman's Fund Insurance Co. in Novato, Calif.], said.
Fireman's Fund Insurance Co. (FFIC) was the first company in the United States to offer green building commercial insurance in 2006. The availability of this type of policy further suggests the inevitability of green building litigation.
What factors do you think will eventually result in more green building litigation?
"Green" Projects Create New Exposures (Business Insurance)