Comments on: LEEDigation: A Different Take http://constructionlawva.com/leedigation-different-take/ Thoughts on the construction landscape from Christopher G. Hill, Virginia construction lawyer, LEED AP and member of the Virginia Legal Elite in Construction Law Thu, 09 Sep 2010 21:28:21 +0000 hourly 1 http://wordpress.org/?v=3.0.1 By: Tweets that mention LEEDigation: A Different Take | Construction Law Musings- Richmond, VA -- Topsy.com http://constructionlawva.com/leedigation-different-take/comment-page-1/#comment-723 Tweets that mention LEEDigation: A Different Take | Construction Law Musings- Richmond, VA -- Topsy.com Tue, 15 Sep 2009 17:35:54 +0000 http://constructionmusings.solopracticeuniversity.com/2009/06/leedigation-a-different-take/#comment-723 [...] This post was mentioned on Twitter by CREOpoint. CREOpoint said: USRT @constructionlaw: LEEDigation: A Different Take http://bit.ly/2fuXfL [...] [...] This post was mentioned on Twitter by CREOpoint. CREOpoint said: USRT @constructionlaw: LEEDigation: A Different Take http://bit.ly/2fuXfL [...]

]]> By: Christopher G. Hill http://constructionlawva.com/leedigation-different-take/comment-page-1/#comment-104 Christopher G. Hill Tue, 16 Jun 2009 00:10:00 +0000 http://constructionmusings.solopracticeuniversity.com/2009/06/leedigation-a-different-take/#comment-104 Thank you for the great and thought provoking post. Thank you for the great and thought provoking post.

]]> By: Sara Sweeney http://constructionlawva.com/leedigation-different-take/comment-page-1/#comment-103 Sara Sweeney Mon, 15 Jun 2009 23:17:12 +0000 http://constructionmusings.solopracticeuniversity.com/2009/06/leedigation-a-different-take/#comment-103 Thanks Chris H., Chris C. and Doug for your comments.<br /><br />Chris C: I am looking forward to continuing this discussion. I think it is very interesting to look at the green building realm from the law/litigation perspective and from a environmental holistic view -which I also realize you are trying to incorporate as well! We are in the midst an exciting paradigm shift, and the contracts need to keep pace. In reality, contacts probably need to be ahead of the pace. I think if "you and I" (using this term generally to mean all of us lawyers, architects, green building consultants, contractors and etc.) continue these discussions and work together towards making sustainable building the conventional way with as smooth a ride as possible, we will achieved something great.<br /><br />Doug: Thanks for your comment as well. I think the key is to balance being realistic with some idealism/noble views from all of us. I think in ways, we all can seize the moral high ground to a certain extent. We do have alot at stake. And although litigation will indeed loom as we navigate this sustainable building paradigm shift, again, "you and I" working together will achieve quite alot in the long run. <br /><br />Finally, I think the work that all of you are doing -and I admit I know Chris and Chris better, (at least as best one can know someone through Twitter!) with respect to helping us all navigate this paradigm shift is wonderful. This is not easy in some ways for any of us -the rules have changed and we are to a certain extent making new rules as we go along. If we can minimize any resulting litigation it will be all the better. So thank you for what you all are doing.<br /><br />Sara Thanks Chris H., Chris C. and Doug for your comments.

Chris C: I am looking forward to continuing this discussion. I think it is very interesting to look at the green building realm from the law/litigation perspective and from a environmental holistic view -which I also realize you are trying to incorporate as well! We are in the midst an exciting paradigm shift, and the contracts need to keep pace. In reality, contacts probably need to be ahead of the pace. I think if "you and I" (using this term generally to mean all of us lawyers, architects, green building consultants, contractors and etc.) continue these discussions and work together towards making sustainable building the conventional way with as smooth a ride as possible, we will achieved something great.

Doug: Thanks for your comment as well. I think the key is to balance being realistic with some idealism/noble views from all of us. I think in ways, we all can seize the moral high ground to a certain extent. We do have alot at stake. And although litigation will indeed loom as we navigate this sustainable building paradigm shift, again, "you and I" working together will achieve quite alot in the long run.

Finally, I think the work that all of you are doing -and I admit I know Chris and Chris better, (at least as best one can know someone through Twitter!) with respect to helping us all navigate this paradigm shift is wonderful. This is not easy in some ways for any of us -the rules have changed and we are to a certain extent making new rules as we go along. If we can minimize any resulting litigation it will be all the better. So thank you for what you all are doing.

Sara

]]> By: Christopher G. Hill http://constructionlawva.com/leedigation-different-take/comment-page-1/#comment-102 Christopher G. Hill Mon, 15 Jun 2009 16:36:12 +0000 http://constructionmusings.solopracticeuniversity.com/2009/06/leedigation-a-different-take/#comment-102 Thanks Doug. I agree. Being pro-active in drafting of documents, and proper counseling can lower costs in a way that will let sustainability grow. Too much cost of litigation and fear of that cost can only hamper things. Thanks Doug. I agree. Being pro-active in drafting of documents, and proper counseling can lower costs in a way that will let sustainability grow. Too much cost of litigation and fear of that cost can only hamper things.

]]> By: Doug Schleicher http://constructionlawva.com/leedigation-different-take/comment-page-1/#comment-101 Doug Schleicher Mon, 15 Jun 2009 15:55:43 +0000 http://constructionmusings.solopracticeuniversity.com/2009/06/leedigation-a-different-take/#comment-101 Your views are noble and if we all followed them we would be better off. The reality is that with limited exceptions cost, including litigation costs and losses, is a major factor for those who build or rehab. We need to be realistic in working with clients, understand how people act and then be pro-active in counseling them and minimizing the drag from litigation. Your views are noble and if we all followed them we would be better off. The reality is that with limited exceptions cost, including litigation costs and losses, is a major factor for those who build or rehab. We need to be realistic in working with clients, understand how people act and then be pro-active in counseling them and minimizing the drag from litigation.

]]> By: Christopher G. Hill http://constructionlawva.com/leedigation-different-take/comment-page-1/#comment-100 Christopher G. Hill Fri, 12 Jun 2009 16:03:00 +0000 http://constructionmusings.solopracticeuniversity.com/2009/06/leedigation-a-different-take/#comment-100 I agree. While 25 years from now this may all be a blur, if we don't address it now, the issues could take down all the good that sustainable building can do. Think about LEEDigation can certainly allow us as attorneys to keep some of this from happening by anticipating the issues. I'm glad that your newly coined term has sparked this discussion. If you want to respond with a guest post, let me know. I agree. While 25 years from now this may all be a blur, if we don't address it now, the issues could take down all the good that sustainable building can do. Think about LEEDigation can certainly allow us as attorneys to keep some of this from happening by anticipating the issues. I'm glad that your newly coined term has sparked this discussion. If you want to respond with a guest post, let me know.

]]> By: Chris Cheatham http://constructionlawva.com/leedigation-different-take/comment-page-1/#comment-99 Chris Cheatham Fri, 12 Jun 2009 16:00:01 +0000 http://constructionmusings.solopracticeuniversity.com/2009/06/leedigation-a-different-take/#comment-99 This is such a great post and I do have some thoughts. <br /><br />First, I have definitely thought about my, and other attorneys, role in green building. Here is a post I wrote on this specific issue: http://tiny.cc/eB7py <br /><br />If I and other attorneys ignore this issue now, it has the potential to be much worse. If contracts are not modified to address green building risks, the potential for LEEDigation increases. <br /><br />Here is my big concern: if I don't talk about these issues, they will blow up and drag the green building industry down. <br /><br />Can you see this happening? This is such a great post and I do have some thoughts.

First, I have definitely thought about my, and other attorneys, role in green building. Here is a post I wrote on this specific issue: http://tiny.cc/eB7py

If I and other attorneys ignore this issue now, it has the potential to be much worse. If contracts are not modified to address green building risks, the potential for LEEDigation increases.

Here is my big concern: if I don't talk about these issues, they will blow up and drag the green building industry down.

Can you see this happening?

]]> By: Christopher G. Hill http://constructionlawva.com/leedigation-different-take/comment-page-1/#comment-98 Christopher G. Hill Fri, 12 Jun 2009 14:51:14 +0000 http://constructionmusings.solopracticeuniversity.com/2009/06/leedigation-a-different-take/#comment-98 Thanks for the interesting and provocative take on LEEDigation, I'm sure Chris will have something to say. Thanks for the interesting and provocative take on LEEDigation, I'm sure Chris will have something to say.

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