When people ask me about green building lawsuits and legal issues, I usually start with Washington D.C.’s Green Building Act of 2006.
The Green Building Act is a very progressive Act that requires both that private and public projects comply with specific green measures. I have written more extensively about the Act in the article “What’s Your Green Construction Strategy” available here.
The biggest problem with the Green Building Act is the green performance bond requirement. When I read this performance bond requirement I literally gasped so I am going to post portions of it word-for-word. Please note that “section 4” details green building requirements for privately-owned construction projects:
(b) On or before January 1, 2012, all applicants for construction governed by section 4
shall provide a performance bond, which shall be due and payable prior to receipt of a certificate
(g) All or part of the performance bond shall be forfeited to the District and deposited in
the Green Building Fund if the building fails to meet the verification requirements described in
sections 3 and 4.
Did you gasp? If not, make sure you catch my later posts detailing the potential problems with this green performance bond.