Green Building Law Update

Environmental Law and Sustainability for Business

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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

If Green Materials Fail, Have We Failed?

By Chris Cheatham on Posted in Construction
When I first read about the Chesapeake Bay Foundation case, I thought of Peter Moonen.  Peter is the Leader of the Sustainable Building Coalition for the Canadian Wood Council.  He has been extolling the virtues of wood and green buildings for years.  Below, we discuss the benefits and pitfalls of parallam and other engineered wood … Continue Reading

First LEED Platinum Building “At Risk of Collapse”?

By Chris Cheatham on Posted in Construction, Design, Legal Developments
I have one last green building legal development to tell you about before I take my hiatus.  When people ask me about green building disputes, I tell them that they will arise from three scenarios.  A project may not comply with regulatory requirements — i.e. Destiny USA.  Second, disputes may arise from green building certification … Continue Reading

Gifford’s LEED Lawsuit Takes New Shape

By Chris Cheatham on Posted in Construction, Design, Legal Developments
You remember the $100 million dollar lawsuit against the US Green Building Council, right?   It’s back in the spotlight, and it has taken a new form through an amended complaint filed by multiple Plaintiffs. No longer is the Plaintiff asking for $100 million.  No longer is the Plaintiff asserting a class action lawsuit that … Continue Reading

Green Building Challenge Policy Requires Fixes

By Chris Cheatham on Posted in Construction, Design, Legal Developments
Reader’s note:  This is my last post on the LEED certification challenge.  Thanks for staying with me. I thought I would end my discussion of the Northland Pines High School LEED certification challenge with some constructive suggestions.  The LEED challenge issue is not going away anytime soon and clearly requires some fixes.  1.  Appeals of … Continue Reading

A Green Building Law Gift For You!

By Chris Cheatham on Posted in Construction, Design, Legal Developments
We are going to momentarily pause our discussion of the LEED certification challenge because I have a gift for you today.      A free webinar!    Last week, my colleague Steve McBrady and I hosted the webinar "Greener Pastures: Managing Risks While Navigating Federal and State Green Building Opportunities."  I enjoyed the presentation because, … Continue Reading

Breaking: USGBC Stands By Its LEED Challenge Decision

By Chris Cheatham on Posted in Construction, Design, Legal Developments
Welcome to our first afternoon edition of Green Building Law Update.  No one is quite sure whether the challengers to the Northland Pines High School LEED certification have grounds for an appeal.  But I figured two statements by the United States Green Building Council (USGBC) regarding the "appeal" warranted a special blog post.  First, Brendan Owens, … Continue Reading

LEED Certification Challengers Speak Out

By Chris Cheatham on Posted in Construction, Design, Legal Developments, Surety
News continues to emerge about the challenge to the LEED Gold certification received by the Northland Pines High School.  Green Building Law Update previously reported on a statement made by United States Green Building Council (USGBC) General Counsel Susan Dorn that the certification challenge had been denied.   There is so much more to this … Continue Reading

The Clock Continues to Run On LEED Challenges

By Chris Cheatham on Posted in Construction, Design, Legal Developments
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 … Continue Reading

Breaking LEEDigation: NASCAR Star Involved in Green Construction Dispute

By Chris Cheatham on Posted in Construction, Design, Legal Developments
I am going to take a temporary hiatus today to jump from the Wisconsin LEED challenge to discuss breaking LEEDigation news.   LEEDigation is, of course, litigation involving LEED certification.  I have previously discussed Shaw Development v. Southern Builders, which is an example of a project failing to achieve LEED certification.  But how else could … Continue Reading

Every Single LEED Point Can Be Challenged

By Chris Cheatham on Posted in Construction, Design, Legal Developments, Surety
On Wednesday, I began a review of the Green Building Certification Institute’s ("GBCI") LEED Certification Challenge policy.  There are three reasons why the LEED Certification Challenge Policy creates significant risk for all parties involved in a LEED-certified project: (1) Any person can challenge a building’s LEED certification; (2) Any and all LEED points can be challenged; … Continue Reading
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