Tag Archives: Legal Developments

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

What’s the Next Big Challenge in Green Building Law?

Two years ago, I attended my first Greenbuild, the annual conference and exhibition hosted by the US Green Building Council, in Boston, Massachusetts.  Frankly, it was a bit uncomfortable and I felt like an outsider.  By my count, only four attorneys were present among the thousands of attendees.  But the discussion of green building legal … Continue Reading

Gifford Files Class Action Lawsuit Against USGBC

Last Wednesday, I woke up bleary eyed to catch a flight to New Orleans for the Green Legal Matters conference.  Despite the fact that I was running late, I opened up my RSS feed and was suddenly startled wide awake when I read the following headline: "Breaking: Henry Gifford Leads Class Action Lawsuit Against USGBC … Continue Reading

Breaking: USGBC Moves Quickly To Revise Challenge Policy

The law moves at glacial speeds.  The USGBC does not.  On June 21, 2010, I wrote a blog post titled "Green Building Challenge Policy Requires Fixes."  My post detailed problems with the LEED certification challenge policy, as published in the LEED Certification Policy Manual.  You may recall that I wrote on, and on, and on … 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

USGBC CEO Warns of LEED Decertification

I told you that I would be thinking about green building on my recent vacation.  As luck would have it, one of the most important green building stories in the last year came out while I was away.   It seems that the mainstream media publishes one article every year critiquing the United States Green … 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

Innovative Programs Foster Green Technology

If you could ask some of the world’s leading companies about their green technology programs, what would you ask?  I was recently faced with this daunting question.  On August 17, I will be moderating a panel on green technology for the Bar Association of the District of Columbia.  Registration is still open and I hope … 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

So You Want To Be a Green Building Attorney?

One of the great parts about my new job is I get to spend more time learning about what others are doing and figure out how we can work together.  I often speak to law students or prospective law students interested in green building careers.  The following post includes my standard advice to these students … 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

Green Building Challenge Policy Requires Fixes

Reader’s note:  This is my last post on the LEED certification challenge.  Thanks for staying with me. I thought I would end my discussion of the Northland Pines High School LEED certification challenge with some constructive suggestions.  The LEED challenge issue is not going away anytime soon and clearly requires some fixes.  1.  Appeals of … Continue Reading

Should LEED Be More Stringent?

Reader’s note:  Two more posts on the LEED certification challenge.  I recently read the book Greed to Green, by David Gottfried, which describes how the United States Green Building Council (USGBC), and the LEED rating system, were launched.  You can tell that Gottfried is quite proud – and rightfully so – of the USGBC’s accomplishments.  … Continue Reading
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