A recent lawsuit filed against a fledgling green building consultancy suggests that the increasing value in the delivery of LEED certification and building commissioning services is also increasing the importance of risk management for corporate entities and their employees.
Tag Archives | Green Building Risks
A malfunctioning geothermal heating and cooling system at the Sussex County Emergency Operations Center in Georgetown, Delaware has officials scrambling for a temporary solution before the summer heat begins in earnest.
A lawsuit filed last fall in Cook County (Illinois) Circuit Court appears to be the first to allege that a party failed to “pursue and obtain” LEED certification as required by the contract documents.
I am pleased to announce that an article I co-authored has been published as the lead feature article in the most recent issue of the Loyola Consumer Law Review.
A recent article in a Canadian construction industry publication argues that Canada’s green building experience has – to date – avoided legal repercussions arising out of green construction projects.
What were the top stories in green real estate law during 2009, but why was the most important one of all – the Northland Pines decertification proceeding – largely ignored by commentators?
In September of 2008, the Board of Directors of the National Institute of Building Sciences (“NIBS”) assembled a Task Group of design professionals, builders, and its own staff members to review third-party building performance rating systems and associated individual accreditation programs currently in use across the United States. The Task Group identified twenty systems and programs and interviewed representatives from AIA, ASHRAE, BOMA, GBI, NAHB, EPA, USGBC, and Victor O. Schinnerer & Co.. among others, in compiling its “Report on Building Rating and Certification in the U.S. Building Community,” which was released last month.
Much like the rest of the green building industry, green leases contain a collection of legal risks that landlords and tenants have not previously had to consider. This article considers a small sample of such problems, specifically in relation to certification requirements, cost issues, insurance provisions and green product issues. Many companies and government agencies require their space to satisfy an applicable LEED for Commercial Interiors certification level. These entities look for a lease to specify that the space will meet such standards. Landlords are not generally in the position to guarantee such certification level. The project architect, general contractor, subcontractor and USGBC all have a much greater impact on whether the space meets the required certification level. The landlord will thus need to make sure it is working with contractors and architects that understand the issues and are able to work towards achieving the necessary certification levels. It will need to protect itself in its applicable project contracts. The landlord and tenant must work together in attempting to craft a lease that adequately protects each of their respective interests and avoids liability outside of either of their control.