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.
Tag Archives | LEED for Homes
USGBC has announced that Southampton’s HGA House has been certified LEED Platinum by copping 104 total points under the LEED for Homes system.
Much of the discussion with respect to the liability issues surrounding sustainable building has focused on the commercial sector, so I was interested to see my friend Brian Anderson, a real estate partner in the Madison, Wisconsin office of Whyte Hirschboeck Dudek S.C, quoted in a brief article suggesting risk management best practices for home builders in a recent article posted by Professional Builder. The article suggests that LEED for Homes and NAHB’s National Green Building Program may soon open the doors for insurance claims and litigation arising out of green projects that do not perform as promised. In the article, Mr. Anderson actually describes a matter his office handled where a builder did not obtain the anticipated level of certification for a residential project. “We were struggling to determine the value of the certification when the claim settled,” he told PB. At least in the commercial context, a jumping off point for plaintiffs who assert these types of claims could be the studies- many of which are promulgated by the USGBC and its constituents- that tout the higher leasing and purchasing figures for LEED-certified buildings.