Under the LEED Certification Challenge policy, all LEED points can be challenged by any "person," resulting in reduced or revoked LEED certification. Today, I am going to describe a scenario under which such a LEED challenge could prove costly.
A few months ago, attorney Matt Devries wrote about a news report in Nashville, Tennessee that uncovered illegal dumping by a subcontractor at the Music City Center project (click here to see the incredible video).
The Music City Center project was slated to recycle demolition debris in order to contribute points towards LEED certification. But the news report uncovered a subcontractor dumping debris in landfills.
Let’s create a hypothetical out of this scenario. Assume the Music City Center project is a design-build project (the prime contractor is responsible for design and construction). Further, the prime contractor agreed to guarantee LEED Gold certification. A news channel records this video but sits on it until after construction is completed and LEED Gold certification is awarded. The contractor achieved one LEED point based on the construction waste management strategy and the project ultimately achieved LEED Gold certification by one point.
Then the video airs.
And a "person" challenges the LEED certification based on the video.
What happens? Who is responsible for the subcontractor’s actions?
State Finds Illegal Dumping From Music City Center (NewChannel5)
Green Building Reality Show? Music City Center Contractor Nabbed on Video Disposing Recyclable Materials (Best Practices Construction Law)