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
Under the LEED Certification Challenge policy, all LEED points can be challenged by any "person," resulting in reduced or revoked LEED certification. Today, I am going to describe a scenario under which such a LEED challenge could prove costly. A few months ago, attorney Matt Devries wrote about a news report in Nashville, Tennessee … Continue Reading
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
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
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
One of my very first Green Building Law Update posts focused on the insurance and surety industries’ concerns related to green building. Nearly two years later, some in the insurance industry are still expressing concerns regarding green building projects. A recent P&C National Underwriter article highlighted numerous insurance-related concerns related to green buildings: Vegetative roofing—using … 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
One of the first publications that peaked my interest in green building was the AGC’s SmartBrief. Each day, I would read about a new green building project or development in SmartBrief. In large part because of SmartBrief, I began to explore the legal implications associated with green building. Last week, my blog post "Does Your … 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
When you think of green energy projects, what sort of results do you anticipate? New energy sources? Reduced energy costs? Green jobs? What about earthquakes? Geothermal energy, a widely-touted green energy source, involves drilling miles-deep wells into underground reservoirs in order to tap steam and hot water that can be used for energy applications. I … Continue Reading
If you participate on building projects that are seeking LEED certification, this news may come as a relief to you. According to Marian Keeler of Simon & Associates, the United States Green Building Council (USGBC) is reconsidering its decision to stop making Credit Interpretation Requests (CIRs) public. I have previously described a CIR as … Continue Reading
Did you know your company may have a duty to disclose how climate change may impact your business? A group of Crowell & Moring attorneys – James Chen, Bryan Brewer and Jessica Hall – recently released a Climate Change Client Alert regarding the issuance of climate disclosure guidance by the Securities and Exchange Commission (SEC). … Continue Reading
In Ohio, there is LEEDigation brewing. But it’s not the LEEDigaiton that I anticipated. The Ohio School Facilities Commission (OSFC) requires that new OSFC-funded schools achieve LEED Silver certification. The Washington-Nile school district is balking at the additional costs incurred as a result of the LEED certification requirement. When a school project is pursuing … 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
In December 2009, an Amendment to the D.C. Green Building Act of 2006 was introduced by the D.C. Council. Labeled the "Green Building Technical Corrections, Clarification, and Revision Amendment Act of 2009," this Amendment includes many revisions to the original Green Building Act. One of those revisions involves the "performance bond" requirement: "’Sec. 6. Bond … Continue Reading
Back in April 2009, I took a vow of silence. I promised to stop writing about the "performance bond" requirement in the D.C. Green Building Act. I had faith the D.C. Council would address the issue. Thankfully, it appears our long nightmare may be coming to an end. Today, I am going to reset the … Continue Reading
You can view my webinar "Green Building Legal Issues on the Horizon" live at 1 pm EST or archived on demand. If you are having trouble, you can also try the BrightTALK website. PLEASE NOTE: We experienced some technical difficulties at the beginning. Please fast forward to the 2:10 mark for the beginning of the presentation. Thanks!… Continue Reading
This week, I am going to be trying something new and exciting here at Green Building Law Update. On January 28 at 1 pm (eastern), I will be participating in a live webinar hosted by BrightTALK titled "Green Building Legal Issues on the Horizon." What makes this webinar truly unique is that you can listen … Continue Reading
A coalition of forest product companies (“the Coalition”) has filed a complaint with the Federal Trade Commission (FTC) regarding, in part, the United States Green Building Council’s preference for Federal Stewardship Council-certified (FSC) wood products. The Coalition has asked the FTC Bureau of Competition to provide guidance to the USGBC and other rating systems regarding the … 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
