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Archives: Legal Developments

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Understand How EPA Does Not Expect to Seek Penalties during COVID-19 Pandemic

By Stuart Kaplow on Posted in Codes and Regulations, Environmental, Federal, Legal Developments
The U.S. Environmental Protection Agency announced last Thursday retroactively beginning March 13, 2020, a temporary policy regarding EPA enforcement of environmental legal obligations during the COVID-19 pandemic. EPA’s admittedly unprecedented temporary “enforcement discretion policy” applies to civil violations during the COVID-19 outbreak as a response to the deleterious effect on a wide variety of businesses. … Continue Reading

Blockchain has come to Real Estate

By Stuart Kaplow on Posted in Legal Developments
Earlier this fall an apartment in Kiev became the first real estate purchased using blockchain, portending a new era in the sale of land and improvements. It is suggested blockchain may do for the $217 trillion real estate market what the Internet did for communication. Blockchain will address high transaction costs, long time delays, and … Continue Reading

Arbitration is Why There is So Little Litigation in Green Building

By Stuart Kaplow on Posted in Construction, Green Building
It is surprising to many in the environmental industrial complex that there has been relatively little litigation arising out of green building. There have been only a very modest number of cases commenced in courts across the country involving construction of green buildings. The reason for the dearth of court cases is not that there … Continue Reading

Suing But Not Because it was Not a Green Building

By Stuart Kaplow on Posted in Construction, Green Building, Insurance, LEED, Surety
With the maturation of the green building industrial complex it has become clear there is no more or additional liability associated with constructing a green building versus a similar non green structure. But, the claims that have resulted in much of the recent litigation involving green building projects are different from those in other construction … Continue Reading

Lawsuit over First LEED Platinum Building is Over

By Stuart Kaplow on Posted in Construction, Environmental, Green Building, LEED
Image David Harp/ Chesapeake Bay Foundation
With an Order Of Judgment, in favor of Permapost Products Company against Weyerhaeuser Company filed on November 17, 2015, resolving the final third party claims, the more than 15 year old disputes and differences over the construction of the Chesapeake Bay Foundation’s Philip Merrill Environmental Center, in Annapolis, Maryland, are over. There is much to … Continue Reading

Proposals for changes to the International Green Construction Code are due by January 10

By Stuart Kaplow on Posted in Codes and Regulations, Construction, LEED
Proposals for changes to the International Code Council's "Green Construction Code" have been accepted since November and are due not later than January 10, 2014. Proposed IgCC changes are accepted from any member of the public. This is your opportunity to effect change in the environmental industrial complex.… Continue Reading

Federal Green Building Code Creates Unnecessary Risks and Costs

By Chris Cheatham on Posted in Federal, Legal Developments
Someone recently asked me why I was baffled about the Department of Defense’s decision to use both LEED and a green building code.  Here are two reasons:  1.  The policy is a waste of taxpayer money. 2.  The policy unnecessarily increases risks for government contractors. LEED + Green Building Code = Duplicative Costs This concept is so logical … Continue Reading

Highlights from the Greenbuild Legal Forum

By Chris Cheatham on Posted in Legal Developments
This year, the US Green Building Council hosted the 2nd Annual Legal Forum at Greenbuild 2011.  The fact that lawyers are now allowed to congregate and make presentations at the Greenbuild conference is an achievement.  The green building community seems to understand that green buildings do present new risks that must be managed and attorneys can … Continue Reading

Breaking: Lawsuit Against USGBC Dismissed

By Chris Cheatham on Posted in Legal Developments
The United States District Court for the Southern District of New York has dismissed Henry Gifford’s lawsuit (PDF) against the US Green Building Council. Gifford originally filed a class action lawsuit for $100 million dollars based on the alleged false advertising by the USGBC.  The lawsuit was later amended to only cover four plaintiffs but the … Continue Reading

Could Green Building Policy Trump a Federal Decision?

By Chris Cheatham on Posted in Legal Developments
I have been hearing rumblings about federal green building policies that are being reduced or axed in Washington D.C.  Now I have a real life example to discuss.  Kirk Dryer reported on the story last week, but I think its worth discussing further. The Environmental Protection Agency (EPA) recently announced that it would be relocating its … Continue Reading

LEED Certification: Revisiting Northland Pines High School

By Kirk Dryer on Posted in Legal Developments
I was recently given the opportunity to interview Thomas Taylor and I jumped at the opportunity for two reasons.  First, Taylor wrote the forward for the first green building book I ever purchased.  Second, Taylor was involved with the Northland Pines High School project, which I have written about extensively.  Taylor currently works for Alberici’s sustainable … Continue Reading

Want to Pick My Green Building Legal Brain…for Free?

By Chris Cheatham on Posted in Green Building Introduction, Legal Developments
I am ready to hit the road and start talking about green building risk management.  I finally have enough cases and stories to weave together a compelling narrative about the topic. And for a short time, I will give my presentation for free to interested companies.  The presentation is entitled "LEEDigation: Current and Future Green Building … Continue Reading

Green Performance Bonds Necessary But Risky

By Chris Cheatham on Posted in Legal Developments, Surety
Ever since I read the D.C. Green Building Act and its “performance bond” requirement, I have been morbidly interested in the idea of LEED bonds.  When Kristen Bradley, at SuretyBonds.com, offered to write an article on the topic, I couldn’t help but say yes.  SuretyBonds.com, a nationwide surety bond producer, works with a number of construction companies … Continue Reading

Are You Sure Your Building is Certified?

By Chris Cheatham on Posted in Insurance
If you ever question the value of green building certification, run a search for press releases touting LEED certification for new projects.  I see hundreds of these releases every week.  But if you are purchasing a LEED building or space, how can you ensure that it truly is LEED certified?  Fidelity National Financial (FNF) created the LEED Project … Continue Reading
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