A few weeks ago, after a green building legal presentation, I remarked to a colleague that I was growing tired of discussing Shaw Development v. Southern Builders, the prime example of LEEDigation. Less than one week later, along came the Wisconsin LEED challenge and the discovery of the LEED Certification Challenge Policy. The LEED … Continue Reading
Up in Wisconsin, a group of concerned citizens challenged the LEED certification of a high school under the Green Building Certification Institute’s (GBCI) Certification Challenge Policy. The LEED challenge came to light in December 2009 although it was originally filed in 2008. Last week, the United States Green Building Council (USGBC) denied the LEED challenge. … Continue Reading
I am going to be honest with you, I have been sitting on some LEEDigation-related stories. I sat on these stories because I wanted to understand the implications before writing about them. Take our first story from Wisconsin. As was first reported at the Green Real Estate Law Journal, a group of Wisconsin residents … Continue Reading
From time to time, I like to step outside the green building industry and look at construction of renewable energy projects. While windmill construction is nothing new, countries are looking for new opportunities to develop wind energy. One new type of development has certainly caught my attention from a risk management standpoint. A recent … Continue Reading
My first legal case involved "fly ash." I had no idea what fly ash was so I looked it up in the dictionary. Fly ash is a "coal-combustion by-product" (CCB) that is often used in concrete as a replacement for portland cement. When used in massive concrete structures, like dam construction, fly ash can result … Continue Reading
As federal agencies continue to push green building certification, some federal projects are running into conflicts when building green. Take for example, a recent article I reviewed regarding military construction and LEED certification. The basic premise of the article is that green building rating systems and military construction do not always work together. “‘An office … Continue Reading
[I have said many times that the legal principles that will apply to green building projects will be very similar to existing legal principles in the construction law field. On Fridays we will be reviewing legal developments from the construction industry that most likely will be applied to green building projects.] When I prepare … Continue Reading
Last Thursday, during a webinar on green building legal issues, I stated the following: "I really believe schools will be a hotbed for green defect claims, in terms of energy efficiency, and other green building components. Schools rely on tight budgets. . . . Be careful what you are promising on these green school projects." … Continue Reading
The green building industry is entering an interesting period. In 2009, the green building movement was embraced as a solution to economic and environmental problems. "Green jobs" were touted as a way to improve the economy while reducing unemployment. Investment in renewable energy and energy efficiency measures was championed as a way to reduce greenhouse … Continue Reading
Geothermal heat pumps continue to gain popularity as an alternative energy source. This energy technology doesn’t come without uncertainties though. In fact, as ENR recently described it, there are significant problems with the geothermal industry: “[M]any of these systems are not performing as touted, especially cleverly hyped geothermal heating systems that are plagued with inflated … Continue Reading
It’s always amazing to me the unexpected consequences that result from apparently benign activities. As new green building and energy innovations and materials are incorporated into projects, there is always the possibility of an unexpected consequence. Take for instance a geothermal energy project in California. Geothermal projects involve mile-or-more-deep wells drilled into underground reservoirs to tap … Continue Reading
We previously reviewed a green building contract that can be used to manage the architect-owner relationship. But what about contractors? As a member of the AGC ConsensusDOCS committee, I had the pleasure of collaborating on the ConsensusDOCS 310 Green Building Addendum, which was recently released: On Nov. 10, ConsensusDOCS released the construction industry’s first and … Continue Reading
In order to manage risk associated with a design and construction project, it is important to draft an appropriate contract. There are a number of standard contracts available for the construction industry. The American Institute of Architects (AIA) publishes the AIA construction contracts to manage the architect-owner relationship. The Association of General Contractors (AGC) has … Continue Reading
On Friday, we discussed Navy contracting requirements for tracking "energy efficiency" and "energy footprints." When I first learned of these requirements, I was reminded of Executive Order 13514. We have already discussed Executive Order 13514 in terms of the green building industry, but the Order also contains provisions relating to greenhouse gas emissions. I don’t … Continue Reading
The primary theme of Green Building Law Update is green building litigation will develop. To date, one of the rare examples of green building litigation is Shaw Development v. Southern Builders, a case that involved a project’s failure to achieve LEED certification in a timely matter. Other examples of green building disputes are sparse. But … Continue Reading
The American Recovery and Reinvestment Act (ARRA) projects have resulted in extremely low bids. These low bids could be the result of improved efficiency in the construction industry; or the low bids could be the result of cut throat competition. Simultaneously, the ARRA includes $250 million to investigate (PDF) and audit ARRA projects. These … Continue Reading
[I am on vacation this week in Phoenix and then Kansas City so I bring you guest posts and interviews! I met each of the guest authors or interviewees somewhere along the way and asked them to contribute. Ben Shultz works at Shultz Brothers Electric Company, an electrical contractor in Kansas City. I also went … Continue Reading
When I first read about Energy Ace’s LEED certification guarantee, I thought it was nuts. Then I read a Co-Star article and realized Energy Ace’s guarantee was brilliant. When I read a green building regulation, I always look at the enforcement mechanism. And when I look at a green building contract, I always focus … Continue Reading
Reminder: Don’t forget to register for Green Building Law Update’s Birthday Happy Hour this Thursday! Energy Ace Inc., an Atlanta-based sustainability consulting firm, has publicly announced it will guarantee LEED certification for its projects. Of course, there are limitations to the guarantee: “Energy Ace is guaranteeing LEED™ certification on projects where the firm is able … Continue Reading
Reminder: Don’t forget to register for Green Building Law Update’s Birthday Happy Hour this Thursday! This week, we are going to be looking at an issue near and dear to me: guarantees of LEED certification. Two publications from last week made clear to me the wide variety of views on the issue: (1) Washington Business … Continue Reading
I have previously speculated that stimulus green building projects will be at risk of underbidding. Now we have real evidence. Remember the $5.5 billion that the General Services Administration received from the stimulus to fund green building construction and retrofits? "Bids came in far lower than we expected, but the upside is that because of … Continue Reading
[Today, I am bringing you a guest post from Mark Rabkin. I have been on Mark for awhile to write a guest post. He is doing a tremendous job looking at the insurance and surety concerns related to green building. Back when I was looking at alternatives for the D.C. Green Building Act bond requirement, … Continue Reading
Love might be too strong of a word but you get the point. The idea of LEED de-certification has touched off a firestorm of comments, some in support and others in objection. I think a follow up post is warranted. First, I want to clarify one important piece of information as I noticed some were … Continue Reading
Disclaimer: If you are sensitive to or frightened by new risks and liabilities in the green building industry, please skip this post. On Monday, I highlighted the USGBC’s decision to create requirements to ensure a building’s performance matches modeled energy savings. I finished the post by asking, what happens to projects that do not comply? … Continue Reading
