Ever since I read the D.C. Green Building Act and its “performance bond” requirement, I have been morbidly interested in the idea of LEED bonds. When Kristen Bradley, at SuretyBonds.com, offered to write an article on the topic, I couldn’t help but say yes. SuretyBonds.com, a nationwide surety bond producer, works with a number of construction companies … Continue Reading
News continues to emerge about the challenge to the LEED Gold certification received by the Northland Pines High School. Green Building Law Update previously reported on a statement made by United States Green Building Council (USGBC) General Counsel Susan Dorn that the certification challenge had been denied. There is so much more to this … Continue Reading
On Wednesday, I began a review of the Green Building Certification Institute’s ("GBCI") LEED Certification Challenge policy. There are three reasons why the LEED Certification Challenge Policy creates significant risk for all parties involved in a LEED-certified project: (1) Any person can challenge a building’s LEED certification; (2) Any and all LEED points can be challenged; … Continue Reading
A few weeks ago, after a green building legal presentation, I remarked to a colleague that I was growing tired of discussing Shaw Development v. Southern Builders, the prime example of LEEDigation. Less than one week later, along came the Wisconsin LEED challenge and the discovery of the LEED Certification Challenge Policy. The LEED … Continue Reading
One of my very first Green Building Law Update posts focused on the insurance and surety industries’ concerns related to green building. Nearly two years later, some in the insurance industry are still expressing concerns regarding green building projects. A recent P&C National Underwriter article highlighted numerous insurance-related concerns related to green buildings: Vegetative roofing—using … Continue Reading
[I have said many times that the legal principles that will apply to green building projects will be very similar to existing legal principles in the construction law field. On Fridays we will be reviewing legal developments from the construction industry that most likely will be applied to green building projects.] When I prepare … Continue Reading
Last Thursday, during a webinar on green building legal issues, I stated the following: "I really believe schools will be a hotbed for green defect claims, in terms of energy efficiency, and other green building components. Schools rely on tight budgets. . . . Be careful what you are promising on these green school projects." … Continue Reading
In December 2009, an Amendment to the D.C. Green Building Act of 2006 was introduced by the D.C. Council. Labeled the "Green Building Technical Corrections, Clarification, and Revision Amendment Act of 2009," this Amendment includes many revisions to the original Green Building Act. One of those revisions involves the "performance bond" requirement: "’Sec. 6. Bond … Continue Reading
Back in April 2009, I took a vow of silence. I promised to stop writing about the "performance bond" requirement in the D.C. Green Building Act. I had faith the D.C. Council would address the issue. Thankfully, it appears our long nightmare may be coming to an end. Today, I am going to reset the … Continue Reading
We previously reviewed a green building contract that can be used to manage the architect-owner relationship. But what about contractors? As a member of the AGC ConsensusDOCS committee, I had the pleasure of collaborating on the ConsensusDOCS 310 Green Building Addendum, which was recently released: On Nov. 10, ConsensusDOCS released the construction industry’s first and … Continue Reading
The American Recovery and Reinvestment Act (ARRA) projects have resulted in extremely low bids. These low bids could be the result of improved efficiency in the construction industry; or the low bids could be the result of cut throat competition. Simultaneously, the ARRA includes $250 million to investigate (PDF) and audit ARRA projects. These … Continue Reading
[Today, I am bringing you a guest post from Mark Rabkin. I have been on Mark for awhile to write a guest post. He is doing a tremendous job looking at the insurance and surety concerns related to green building. Back when I was looking at alternatives for the D.C. Green Building Act bond requirement, … Continue Reading
Love might be too strong of a word but you get the point. The idea of LEED de-certification has touched off a firestorm of comments, some in support and others in objection. I think a follow up post is warranted. First, I want to clarify one important piece of information as I noticed some were … Continue Reading
Disclaimer: If you are sensitive to or frightened by new risks and liabilities in the green building industry, please skip this post. On Monday, I highlighted the USGBC’s decision to create requirements to ensure a building’s performance matches modeled energy savings. I finished the post by asking, what happens to projects that do not comply? … Continue Reading
According to a recent Washington Post article, “Construction firms are so eager for work in the sagging economy that project bids are coming in much lower than expected.” Great news, right? Not necessarily. Lower bids can be a good thing if they are the result of increased efficiency in the construction process. But lower bids … Continue Reading
Over the weekend, while writing a response to a Summary Judgment Motion, I was reminded of the most important legal principle in construction law. Under the Spearin Doctrine: "If [a] contractor is bound to build according to plans and specifications prepared by the owner, the contractor will not be responsible for the consequences of defects … Continue Reading
On Wednesday, we looked at the best case scenario that can result from the D.C. Green Building Act "performance bond" requirement. We assumed that the green building "performance bond" was created. The scenario was not pretty and involved extensive LEEDigation™ . Today we look at the worst case scenario. Imagine no new construction projects … Continue Reading
Today I am speaking once again on the D.C. Green Building Act "performance bond" issues (see slides in this post). I have a new message for this presentation because, frankly, I am not certain we are getting anywhere. If you need some background, here are all of the Green Building Law Update posts regarding this … Continue Reading
If you have been paying attention to Green Building Law Update, you know D.C. has a bit of an issue regarding a green building "performance bond" currently required by law. In short, green building "performance bonds" do not exist. A few weeks ago, George Hawkins, Director of the District Department of the Environment, testified in … Continue Reading
It may surprise you to learn that I have a real job. Seriously, I do and I love it! I am a construction litigator and I am currently involved in a major construction delay claim. I have been preparing a motion the last few days, hence the late filing of today’s post. There is a … Continue Reading
Last week, I had the pleasure of testifying before the D.C. Council regarding green building policies in the district. As mentioned in my post last week, the focus of my testimony was the Green Building Act’s “performance bond” requirement. Before my testimony, I had the opportunity to hear George Hawkins, Director of the District Department … Continue Reading
I am very excited for an event taking place today: the Public Oversight Roundtable on Green Building Practices hosted by the Council of D.C. Committee on Government Operations and the Environment. As you may recall, Green Building Law Update has repeatedly discussed the "performance bond" requirement of the D.C. Green Building Act . As currently … Continue Reading
I have been working with the D.C. City Council recently on revisions to the D.C. Green Building Act of 2007. In particular, I have been looking for an enforcement mechanism that can be used to ensure compliance with LEED certification requirements for commercial buildings. The problem is that the current Green Building Act requires a … Continue Reading
To start this post, I want to thank Rick Fedrizzi , CEO of the United States Green Building Council. On February 12, I attended a breakfast hosted by Bisnow at which Mr. Fedrizzi was the guest speaker. I really appreciated his speech – he did not ignore the current economic climate but talked about the opportunities that will emerge from the green … Continue Reading
