Comments on: Green Building- Interesting Third Party Issues

By: party certification

party certification — Wed, 07 Apr 2010 12:42:50 +0000

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By: Posts about Real Estate Law as of August 29, 2009

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Tue, 25 Aug 2009 15:00:47 +0000

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By: csstone2138 (csstone)

csstone2138 (csstone) — Mon, 24 Aug 2009 21:20:49 +0000

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By: Christopher G. Hill

Christopher G. Hill — Mon, 24 Aug 2009 17:55:53 +0000

Thanks for your two cents Rich. I look forward to working with you at Build2Sustain

By: Rich Cartlidge

Rich Cartlidge — Mon, 24 Aug 2009 17:51:52 +0000

Chris,
As Chris Cheatham pointed out this particular guarantee is brilliant when you account for the limitation on damages. However, I am very weary of any consultant, builder, or other entity that promises certification.

Mark,
I think that the shift towards a green building code with a viable enforcement mechanism is the catalyst that will take green building to the next step. Without an enforcement mechanism much of the current legislation and mandates are nothing more than flowery wishes.
Rich Cartlidge´s last blog post ..What Can The Green Building World Learn From The Health Care Debate?

By: Tim Hughes

Tim Hughes — Mon, 24 Aug 2009 17:30:12 +0000

I think we both come with the built-in bent of not wanting to tamper with Virginia’s very favorable rules on accrual of statute of limitations.

By: Christopher G. Hill

Christopher G. Hill — Mon, 24 Aug 2009 17:25:48 +0000

Thanks Tim! I read Chris’ analysis and it’s a good one. I look forward to his comments on my less “optimistic” view of these guarantees.

By: Tim Hughes

Tim Hughes — Mon, 24 Aug 2009 17:13:23 +0000

Add in the kicker that they limit liability on the guaranty to return of the LEED administration fee and the risk goes way down. I have only read what others are reporting on it, but that was Chris Cheatham’s take-away:
http://www.greenbuildinglawupdate.com/2009/08/articles/legal-developments/why-energy-aces-leed-guarantee-is-brilliant/

I still side with you though … with all these arguable extensions of limitations periods, the guaranty has risks. Limitations of liability are nice, but they are not necessarily entirely foolproof.