Lenders and their counsel often make only a cursory review of the construction contracts, usually just to see whether they’re some standard AIA form. If the project financing includes tax or other incentives tied to LEED certification or if the project will include tenants who require LEED certified buildings, then the construction conract should carefully describe what happens if the project fails to obtain certification. The default sections of the loan documents might also be modified to reflect the need for LEED certification. Finally, the loan documents should include an assignment of the LEED documentation and LEED registration–that should come from the designer and any other key subcontractors (e.g., the HVAC sub), the C-A, and potentially others. Again, great post. Keep up the thoughtful work! Brian

As we all know,