Archives: Legal Developments

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First LEED Platinum Building “At Risk of Collapse”?

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

Did the USGBC Purchase Destiny USA Green Bonds?

I am wrapping up my discussion of the Destiny USA project this week with one final post.  You can select the Destiny USA tag to review all of the previously published posts on this topic.  I will also be publishing a compendium of posts on the topic — plus bonus coverage — later this week.  Thank … Continue Reading

The Destiny USA Debacle: May It Please the IRS

I am publishing a series of posts on the Destiny USA Debacle — the federally sponsored Green Bonds project that has failed to incorporate promised green building features.  To read all of the posts at once, you can download a PDF version now.  Or you can select the Destiny USA tag to review all of … Continue Reading

The Destiny USA Debacle: Destined for Trouble

I am publishing a series of posts on the Destiny USA Debacle — the federally sponsored Green Bonds project that has failed to incorporate promised green building features.  To read all of the posts at once, select the Destiny USA tag.  We have now set the scene for the Destiny USA debacle.  The key players … Continue Reading

The Destiny USA Debacle: Why the IRS is the Key Player

I am publishing a series of posts on the Destiny USA Debacle — the federally sponsored Green Bonds project that has failed to incorporate promised green building features.  To read all of the posts, you can select the Destiny USA tag to review all of the published posts on this topic.  Or check back later … Continue Reading

The Destiny USA Debacle: What is Destiny USA?

I am publishing a series of posts on the Destiny USA Debacle — the federally-sponsored Green Bonds project that has failed to incorporate promised green building features.  To read all of the posts at once, you can select the Destiny USA tag.   In this post, I planned to describe the proposed Destiny USA project … Continue Reading

Unprecedented Green Building Dispute Could Cost Developer $122.3 million

Up until yesterday, the biggest green building dispute I had come across was Shaw Development v. Southern Builders.  That case involved $635,000 in damages because a project did not obtain the LEED certification necessary to qualify for state tax credits.   That is chump change compared to the Destiny USA green building dispute that is … Continue Reading

Gifford’s LEED Lawsuit Takes New Shape

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

LEED Automation Means More Efficiency, Fewer Consultants

Back in November 2010, I received a press release that caught my attention: “The U.S. Green Building Council (USGBC), developers of the LEED green building program today announced LEED Automation, a new program in collaboration with leading technology companies that is designed to streamline and create capacity for the LEED building certification process. LEED Automation … Continue Reading

Sordid Green Bulding Litigation Arises in Minnesota

This is as confusing and sordid as any green building dispute I have seen.  Consider yourself warned.  Over the holidays, Michael Anschel informed me that the the Builders Association of the Twin Cities (BATC) had sued Minnesota GreenStar and filed a restraining order against using a green building standard.  Despite that simple statement, there is … Continue Reading

Best in Green Building Law 2010, Part III

It is the week between Christmas and New Year’s, which can only mean one thing:  bloggers are getting lazy and doing "best of" posts.  There was one story I wrote this year that was far and away more interesting to me than any other:  the Northland Pines High School LEED certification challenge.  I found the … Continue Reading

Best in Green Buiding Law 2010, Part II

It is the week between Christmas and New Year’s, which can only mean one thing:  bloggers are getting lazy and doing "best of" posts.  At this year’s Greenbuild, I had the pleasure of meeting Tristan Roberts for the first time.  I have been reading Tristan’s content at BuildingGreen.com for some time.  I am highlighting one … Continue Reading

Why I Talk About LEEDigation

I recently attended the Green Tie event hosted by the US Green Building Council National Capitol Region.  As I was milling about, I saw one of my green building friends that I had met nearly two years ago at the very first public speech I gave on LEED certification, risks and litigation.  Back in 2008, … Continue Reading

What If the Government Refuses to Pay for LEED?

Last week, I posted an article about an Army Corps of Engineers project that ran 25 percent over budget, in part because of costs associated with LEED certification.  At the end of the article, I asked the question "what do you think would have happened if the Corps of Engineers refused to pay the cost … Continue Reading

What Happens if Your RFP Does Not Include LEED?

If a Request for Proposal (RFP) is the key to a successful LEED project, what happens when an RFP does not properly address LEED requirements?  Last week, I was skimming my AGC Smartbrief (a great resource for construction news), when my LEEDigation radar went off: "Texas military construction project goes 25% over budget" While the … Continue Reading

Are Green Building RFPs More Important Than Contracts?

Last week, Bob Kobet and I took our shiny new green building presentation for a test ride.  Entitled "LEED Orientation Lite," we focused on cost and risk management during the design and construction of a LEED project.  While preparing our presentation, Bob kept driving home one singular point to me:  the Request for Proposal (RFP) … Continue Reading

What’s the Next Big Thing In Green Building Law?

On Thursday, I highlighted an ENR article that focused on LEEDigaiton-related "chatter" at Greenbuild.  Some of that chatter was most likely the result of the first Greenbuild Legal Forum.  Another recent article highlighted additional green building law trends that were highlighted at the Forum.  Part Two:  Treehugger In attendance at the Greenbuild Legal Forum was … Continue Reading

Are You Noticing an Increase in LEEDigation Chatter?

Without a doubt, the green building industry is paying more attention to green building law.  Two recent articles point to a growing consensus that green building litigation — LEEDigation — is on the horizon.  Part One:  ENR Last Monday, I was rushing around trying to pack for my Thanksgiving trip to Kansas City.  When it comes … Continue Reading

How Do You Measure the Costs and Risks of Each LEED Point?

I hope everyone had a great Thanksgiving.  I wanted to provide information about another FREE upcoming webinar at which I’ll be presenting.  I am particularly excited about this webinar because my colleague Bob Kobet and I will be unveiling the first stage of what I believe is a dynamic new way to view green building costs and risks. … Continue Reading
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