Green Building, Litigation and Risk

Originally posted 2009-06-01 09:00:00.

Green Building Litigation and RiskGreen Building is all the rage. From the latest version of LEED, LEED 3.0, to discussions of “LEEDigation.”

Every level of government wants in on the latest in sustainability. Musings discussed this trend in prior posts relating to Virginia and “green” building and Virginia Business Magazine chimed in as well. This trend is laudable, however, like any new technological or social change, risk follows.

We have new technology being used for the first time, and old technology being used in new ways. Insurance companies are dealing with a new standard of care and a level of risk created by longer time horizons on expectations relating to energy efficiency. Governments are looking for ways to legally enforce their mandates of LEED or other green certification. Contractors also have a particular level of risk that they did not face before.

Of course, this gives attorneys more work to do, and you the need to give them that work. Recently, newspapers have picked up on the potential for litigation based upon the new wave of green building and new mandates relating to sustainability. Hopefully, you will see this trend coming and prepare for it through and early consultation with a knowledgeable attorney. Your contracts, actions, and insurance will all need to be reviewed in order to assure that you are properly prepared for the next wave of innovation.

Please join the conversation with a comment below and subscribe to keep up on all of the latest updates on this and other topics at Musings.

Share these Musings:

  • RSS
  • Facebook
  • LinkedIn
  • del.icio.us
  • StumbleUpon
  • Twitter
  • FriendFeed
  • PDF
  • email
  • Print
Print Friendly
Send to Kindle
7 Responses to Green Building, Litigation and Risk
  1. […] ECONOMIST | AGC – The Associated General Contractors of America 3 Likes Green Building, Litigation and Risk | Construction Law Musings- Richmond, VA A discussion of green building and how LEED and Green/Sustainable construction can lead to […]

  2. […] Construction Law Musings- Richmond, VA […]

  3. […] area of technology or building, the rush to sustainability (while a wonderful one) does not come without risks.  Luckily, many of my legal cohorts are busy sounding the preemptive alarm in a way that hopefully […]

  4. […]I have spoken on many occasions here at Construction Law Musings and elsewhere about the risks and rewards for contractors found in sustainable construction.  The rewards were fairly […]

  5. […] business partner in this endeavor will greatly assist you to make sure that you deal with both the risks and the rewards of the new world of sustainable […]

  6. Gary R. Collins, AIA
    April 1, 2011 | 7:58 PM

    My concern is primarily from consequences of codifying a prescriptive Green Building Code, in particular since so much has yet to be learned about effective sustainability options. That event is just around the corner, and I fear will serve mainly to open up another can of worms, additional work for designers over and above existing codes and regulations and additional liability exposure. My own understanding of affairs leads me to believe reforming the way we build and rebuild cities, gross anatomy and physiology re: density and infrastructure, will positively influence sustainablility more than all the photovoltaics, low-voc, and high-performance A/C sytems it may be feasible to install – important as each of these may be. Once energy efficiency as a regulatory issue escapes the confines of state law, as with Californias Title 24, the genie will be fully out of the bottle, construction claims will increase exponentially, and attorneys will also have found yet another market niche along with all the LEED followers and commercial greenwashing. As usual, we are grasping for solutions via the high-tech magic rather than getting down to the gritty and very difficult sociopolitical realities surrounding habitat, city building, and sundry interests invested in the suburban status quo.

  7. […] may actually get a ruling (assuming no settlement).  As a construction attorney that has discussed some of the risks of green building here at Construction Law Musings, I am curious to find out how this case […]

Leave a Reply

Wanting to leave an <em>phasis on your comment?

CommentLuv badge

About Musings

I am a construction lawyer in Richmond, Virginia, a LEED AP, and have been nominated by my peers to Virginia's Legal Elite in Construction Law on multiple occasions. I provide advice and assistance with mechanic's liens, contract review and consulting, occupational safety issues (VOSH and OSHA), and risk management for construction professionals.

Please join the conversation!

More About Musings
Creative Commons License
Get Adobe Flash player