This law firm is increasingly called upon to give legal opinions that a green building is LEED certified, certifiable or otherwise 'really' a green building. ... We also receive requests to give opinions of counsel that a project is ICC 700 'certifiable' or ASHRAE 189.1 compliant or complies with Enterprise Green Communities criteria; commonly associated with qualifying for governmental incentives. Committing that a project will be LEED certifiable versus certified by GBCI increases certainty and lowers risk.… Continue Reading
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