It was widely reported that the first green building litigation in the country was the 2007 trial court case of Southern Builders, Inc. v. Shaw Development, LLC, .. In the spirit of Paul Harvey's "The Rest of the Story" radio program, last week I telephoned Jim Shaw, of Shaw Development, to follow up, ..… Continue Reading
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
We are going to momentarily pause our discussion of the LEED certification challenge because I have a gift for you today. A free webinar! Last week, my colleague Steve McBrady and I hosted the webinar "Greener Pastures: Managing Risks While Navigating Federal and State Green Building Opportunities." I enjoyed the presentation because, … Continue Reading
The primary theme of Green Building Law Update is green building litigation will develop. To date, one of the rare examples of green building litigation is Shaw Development v. Southern Builders, a case that involved a project’s failure to achieve LEED certification in a timely matter. Other examples of green building disputes are sparse. But … Continue Reading
One of Green Building Law Update’s favorite topics in 2008 was the Shaw Development v. Southern Builders case. You may recall that the Shaw Development v. Southern Builders complaint was one of the first examples of green building litigation, which resulted from a project’s failure to obtain green building tax incentives. After recently research the … Continue Reading
Today we are wrapping up our discussion of Shaw Development v. Southern Builders, one of the first examples of major green building litigation. On Monday we discussed the basic facts of the case; on Wednesday we looked at the contractual green building requirements between the two parties; and on Friday we looked at Shaw Development’s … Continue Reading
This week at GBLU, we are focusing on the Shaw Development v. Southern Builders case, the first significant example of green building litigation. On Monday, GBLU explained the importance of the case and reviewed the basic facts. Today GBLU will review the most important part of the case, the contract between the parties and accompanying … Continue Reading
Way back on August 13, GBLU’s inaugural post focused on the impending green building litigation and factors that would cause the litigation. One of the factors that was described focused on parties’ financial expectations: “Parties undertaking green building projects for purely financial reasons will expect to make a profit.” In order to make a profit … Continue Reading
