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
It should give design professionals pause, now more than ever, that specifying new or untried materials and products (that are often the keystone of sustainable building) comes with unique risks; and in this case PolyClear 2000 was specified even before the emerging era of expanded liability arising from environmental product declarations and health product declarations.… Continue Reading
Last week, a federal appeals court brought back from the dead, a more than $6 Million lawsuit filed over materials supplied in 2000 for the first ever LEED certified Platinum building. Despite that the unpublished opinion is not binding precedent, it will have a chilling effect on green building and in particular on the selection of new or untried materials and products that are the keystone of many sustainable projects.… Continue Reading
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
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