Tag Archives: LEEDigation

Want to Pick My Green Building Legal Brain…for Free?

I am ready to hit the road and start talking about green building risk management.  I finally have enough cases and stories to weave together a compelling narrative about the topic. And for a short time, I will give my presentation for free to interested companies.  The presentation is entitled "LEEDigation: Current and Future Green Building … 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

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

LEEDigation is About People

"LEED is about people."   Bob Kobet made this insightful comment on October 1, 2010 at an AIA of Virginia panel.  The comment immediately stuck in my brain, and I soon found myself jotting down the following: "LEEDigation is about people."   LEEDigation is not about a building.  LEEDigation is about the people that built … Continue Reading

What is the Future of LEEDigation?

I recently published an article in Eco-Structure that I thought you would enjoy.  You may be surprised by my candid opening paragraphs: I have spent the last two years writing Green Building Law Update, a blog based on the premise that green buildings will result in new litigation. To be more precise, I have written … Continue Reading

What is the LEEDigation Tipping Point?

I was recently asked to write an article about LEEDigation – green building litigation – for an online construction magazine.  As I thought about the topic, I thought about the factors that have prevented this type of litigation from developing.  But then I wondered, "what is the tipping point for LEEDigation?"  If you have not … Continue Reading

What Are the Reasons for Lack of LEEDigation?

I continue to be amazed by the lack of litigation stemming from the LEED certification process – i.e. LEEDigation.  There are only two instances of pure LEEDigation – Shaw Development and Northland Pines.  I’m not even sure Northland Pines counts since it has not resulted in a lawsuit.   What factors have contributed to the … Continue Reading

Can a Green Schools Program Be Inequitable?

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

My Favorite Green Building Stories of the Year

2009 was my first full year blogging at Green Building Law Update. It was a difficult year for the construction industry, but the green building movement continued to grow. I recently went back and reviewed the Green Building Law Update stories from 2009. Below are some of my favorite quotes from my favorite posts. If … Continue Reading

GSA Stimulus Bids Far Lower Than Expected

I have previously speculated that stimulus green building projects will be at risk of underbidding.  Now we have real evidence.  Remember the $5.5 billion that the General Services Administration received from the stimulus to fund green building construction and retrofits? "Bids came in far lower than we expected, but the upside is that because of … Continue Reading

Why Do Non-Public CIRs Mean LEEDigation?

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

LEEDigation and the Y2K Virus

One of my blogging buddies, Shari Shapiro, wrote a piece last week about the lack of green building lawsuits.  Her post reminded me of a conversation I had with an attorney when I was in New Orleans for the ABA Forum on Construction event.    E. Luckett Robinson is a construction attorney in Mobile, Alabama.  … Continue Reading

Wave of LEEDigation

Last week, I attended the ABA Forum on Construction “Talking Green Blues” conference in New Orleans.  The one presentation I was looking forward to the most was “When ‘Green’ Turns to ‘Red’ and ‘LEEDs’ to a Summons and Complaint,” which was moderated by Frank Musica.  Musica is one of the foremost experts on green building … Continue Reading

Who Am I?

Recently, I was asked about my involvement with green building.  Why do I keep pointing out potential legal issues that the green building industry may have to confront?  Am I just an impediment to the green building industry?  Here is my answer.  I am going to use this in the About section up above.  I … Continue Reading


This post is simple.  I have a new term for the green building and legal industries: LEEDigation.  What is LEEDigation?  LEEDigation is green building litigation.  LEEDigation could involve disputes arising from green building certification.  LEEDigation could arise if a project fails to obtain government incentives or satisfy mandates for green building construction.  LEEDigation could simply … Continue Reading