If there was a LEEDigation doomsday clock, I would move it up about 5 minutes towards midnight based on the following decision by the USGBC.* Real Life LEED recently reported that the USGBC has decreed that, starting June 26, 2009, Credit Interpretation Requests (CIRs) will no longer be applicable to all projects: "Effective June 26, … Continue Reading
Here’s an update on "green job" requirements created by the American Recovery and Reinvestment Act. Previously, I wrote To my knowledge, there is no requirement or guarantee in the American Recovery and Reinvestment Act to create a certain number of "green jobs." While this is still the case, there are job creation reporting requirements that … Continue Reading
According to a recent Washington Post article, “Construction firms are so eager for work in the sagging economy that project bids are coming in much lower than expected.” Great news, right? Not necessarily. Lower bids can be a good thing if they are the result of increased efficiency in the construction process. But lower bids … Continue Reading
Over the weekend, while writing a response to a Summary Judgment Motion, I was reminded of the most important legal principle in construction law. Under the Spearin Doctrine: "If [a] contractor is bound to build according to plans and specifications prepared by the owner, the contractor will not be responsible for the consequences of defects … Continue Reading
Last week, I gave a presentation on green building law to legal counsel for D.C metropolitan jurisdictions. One of the things that I said, and have repeated to other groups, is that green schools will be a hotbed for initial LEEDigation (see slide 25). Want to see an example of what I am talking about? … Continue Reading
Update: For a rundown of green building provisions in the stimulus pacakge, see this post. Thank you to everyone who attended Rutherfoord’s "Trends in Green Building" seminar yesterday and listened to my "Green in the Stimulus" presentation. It was great to recognize so many faces in the crowd. If you came up and spoke to … Continue Reading
I like categories. I like to categorize ideas, issues and thoughts in order to develop my understanding. The same is true for green building law; I like to think of this emerging practice in terms of categories. The other day I was asked "what is green building law?" by an environmental attorney. I had never … Continue Reading
One of Green Building Law Update’s favorite topics in 2008 was the Shaw Development v. Southern Builders case. You may recall that the Shaw Development v. Southern Builders complaint was one of the first examples of green building litigation, which resulted from a project’s failure to obtain green building tax incentives. After recently research the … Continue Reading
As we head towards the finish line of 2008, we turn our eyes towards 2009 and what lies ahead for green building. The next two posts at Green Building Law Update will highlight the shift in political support for green building policies that will soon occur. In order to understand the shift, we must start … Continue Reading
Green Building Law Update came across an interesting lawsuit in Texas challenging a green cement regulation. First, here’s a little background on green cement regulations: Green cement resolutions put pressure on wet kiln operators to either update their smog-causing pollution controls to the level of dry kilns, or replace their wet kilns with new dry … Continue Reading
Sorry, I won’t be answering this rhetorical question today. Instead, a group of construction, design and surety legal experts will attempt to address this difficult question at an upcoming symposium: What: Trends in Green Building Seminar Who: Tom Mawson – The USGBC and Trends in Green Building; Chris Cheatham – The Emergence of Green Building Litigation; Bryan Phillips … Continue Reading
Over the weekend, we here at Green Building Law Update had some green building epiphanies. So let’s start with epiphany number one. As I was driving into my law firm’s office in Tyson’s Corner on Saturday, I looked out at the construction and thought to myself, why am I not writing about that? This isn’t … Continue Reading
Today we are going to take a hiatus from the discussions of green building in the current financial markets and, instead, wrap up what potentially could have been major green building litigation. On October 17, 2008, the Lerner family and the D.C. Government resolved litigation stemming from the LEED-Silver certified Washington Nationals Stadium. … Continue Reading
Today we are wrapping up our discussion of Shaw Development v. Southern Builders, one of the first examples of major green building litigation. On Monday we discussed the basic facts of the case; on Wednesday we looked at the contractual green building requirements between the two parties; and on Friday we looked at Shaw Development’s … Continue Reading
This week at GBLU, we are focusing on the Shaw Development v. Southern Builders case, the first significant example of green building litigation. On Monday, GBLU explained the importance of the case and reviewed the basic facts. Today GBLU will review the most important part of the case, the contract between the parties and accompanying … Continue Reading
Way back on August 13, GBLU’s inaugural post focused on the impending green building litigation and factors that would cause the litigation. One of the factors that was described focused on parties’ financial expectations: “Parties undertaking green building projects for purely financial reasons will expect to make a profit.” In order to make a profit … Continue Reading
On September 15, I had the opportunity to serve as a judge for the Associated General Contractors of DC’s Washington Contractor Awards for green buildings. Tabbed the “2008 Anti-Boring Event of the Year,” contractors from across the D.C. metro area will gather on October 7 to honor this year’s award recipients. I reviewed and voted … Continue Reading
Back in August, GBLU discussed protracted disputes between the Washington D.C. Government and the Washington Nationals owners over the construction of the Nationals’ new stadium. The dispute centers on when the LEED certified stadium was substantially complete. To date the Lerner family, the team owners, have withheld payment of $3.5 million as a result of … Continue Reading
Did you know the Washington Nationals stadium is the first LEED certified stadium built in the United States? An interactive USA today article highlights some of the green building practices that helped the stadium obtain certification. Among the green building practices incorporated into the stadium are green roofs, air cooled chillers and low flow faucets … Continue Reading
