I am wrapping up review of the LEED Certification Challenge Policy. Today, I will discuss the third of three reasons why the challenge policy creates significant risk for parties involved in a project seeking LEED certification:
(1) Any person can challenge a building's LEED certification;
(2) Any and all LEED points can be challenged; and
(3) A LEED certification challenge can be brought at any time.
In the legal world, statutes of limitations usually require that a case be brought within a certain time period. Such a statute of limitation does not exist within the challenge policy. Again, here is the relevant challenge language:
"Persons desiring to make a complaint may submit a written statement identifying the persons alleged to be involved and the facts concerning the alleged conduct in detail, and, to the extent available, the statement shall be accompanied by any available documentation. The statement shall identify others who may have knowledge of the facts and circumstances concerning the allegation. The person making the complaint shall identify him/herself by name, address, and telephone number."
Of the three factors, I anticipate that the timeliness of LEED challenges will be adjusted first. Permitting LEED challenges on any building, no matter the vintage, is simply untenable. Here are a couple of issues that immediately come to mind:
- Will architects and contractors have to seek additional insurance to cover a project in perpetuity?
- What happens if a project has its LEED certification stripped ten years later and is no longer in compliance with a green building regulation that requires certification?
What do you think?
Photo Credit: DaDaAce