Back in November 2010, I received a press release that caught my attention: “The U.S. Green Building Council (USGBC), developers of the LEED green building program today announced LEED Automation, a new program in collaboration with leading technology companies that is designed to streamline and create capacity for the LEED building certification process. LEED Automation … Continue Reading
This is as confusing and sordid as any green building dispute I have seen. Consider yourself warned. Over the holidays, Michael Anschel informed me that the the Builders Association of the Twin Cities (BATC) had sued Minnesota GreenStar and filed a restraining order against using a green building standard. Despite that simple statement, there is … Continue Reading
Last night I had dinner with a long-time reader of Green Building Law Update. I was frank with him, and I will be frank with you. I will be doing two things this year with the blog: 1. I am going to stop talking about LEEDigation as much. 2. I am going to talk more … Continue Reading
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. There was one story I wrote this year that was far and away more interesting to me than any other: the Northland Pines High School LEED certification challenge. I found the … Continue Reading
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
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
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
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
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
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
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
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
I am trying to make sense out of a number of different events that will be shaping the design, construction and green building industries for the foreseeable future. Maybe you can help me make sense out of it all. Here is what I am seeing: Something is going on with LEED The number of LEED … Continue Reading
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
I knew there was a reason I saved my law school text books. When I first heard of the class action lawsuit filed by Henry Gifford against the USGBC, my initial thought was "how in the world will he get a class certified?" The initial hurdle for any class action lawsuit is to get … Continue Reading
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
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
"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
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
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
Today, I am publishing a guest post from engineer Ian T. Hadden. I asked Ian to write a guest post after he made the comment "there is something built into the high performance, sustainable design building method that works against litigation" on August 9. Below, Ian elaborates on his point so please take a look … Continue Reading
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
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
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
