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Shaw Development v. Southern Builders: America’s First Green Building Litigation

Over the past two years, I have written extensively over at gbNYC about the potential for litigation arising out of green construction projects. The country’s first reported green building litigation – Shaw Development versus Southern Builders – is an excellent example of how hidden green building risks can present unconventional legal issues to construction industry stakeholders and their counsel.  It is critical to note that the case does NOT discuss the contractor’s failure to achieve LEED certification on behalf of the owner (as many articles referencing my original post at gbNYC have incorrectly asserted). Rather, it suggests the importance of accurately translating green building regulatory requirements into construction documents. Our analysis of the case as presented at gbNYC, as well as links to other materials in connection with the litigation, is set forth below. 

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  1. Green Building: Incentives & Mandates | Konstructr - October 16, 2009

    [...] for someone else to blame. As noted in several recent situations such as the DC Green Building Act, Shaw Development vs. Southern Builders, or most recently, Pittsburgh, PA, green building policy is meant to encourage natural resource [...]

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