Thoughts on Standard of Care?

Originally posted 2012-08-06 09:00:48. Republished by Blog Post Promoter

I had a great chat Friday with Shari Shapiro of the Green Building Law blog. The topic of discussion was whether the general standard of care in construction that includes knowing and building to the building code encompasses meeting LEED benchmarks found in some but far from all codes.

I posted onto my Tumblr and Posterous pages looking to get thoughts and got such a good reaction that I felt I had to post here. I can see both sides of this issue. On the one hand, standard of care has always gone to fitness for its purpose and not to aesthetics and energy efficiency. On the other, if the building code says to meet certain LEED benchmarks (NY for instance), it could be a part of the standard of care.

The real issue is that this should never be left to chance and any LEED issues need to be dealt with in a contract.

Please join the discussion and let me know any thoughts that this may generate. Also, check out the blogs on my blog roll including Shari’s! Thanks.

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8 Responses to Thoughts on Standard of Care?
  1. Stephen
    December 21, 2008 | 5:22 PM

    Check out Fred Butters’ article in the “Understanding the Business of Green” special issue that I posted on GRELJ last week:
    http://www.greenrealestatelaw.com/2008/12/understanding-the-business-of-green/

  2. Construction Law Musings-Richmond, VA
    December 22, 2008 | 9:34 AM

    Thanks Stephen. I like the post and will follow you closely.

  3. vaconstruction (Timothy R. Hughes)
    January 4, 2010 | 3:17 PM

    Twitter Comment


    RT @constructionlaw: Seems timely in light of green building predictions for 2010 [link to post]

    Posted using Chat Catcher

  4. […] This post was mentioned on Twitter by Christopher Hill, Timothy R. Hughes. Timothy R. Hughes said: RT @constructionlaw: Seems timely in light of green building predictions for 2010 http://is.gd/5M9gM […]

  5. […] back at the green business issues and news items popular with energy and … 2 Likes Thoughts on Standard of Care? | Construction Law Musings- Richmond, VA Thoughts of Christopher G. Hill, LEED AP on the standard of care and green building. I solicit […]

  6. Douglas Reiser
    Twitter:
    September 23, 2010 | 12:12 PM

    I’m glad that you re-posted this article, in light of the initiatives to codify LEED/Green building standards.

    In communities adopting LEED/Green benchmarks as part of their building code, I think the SOC is inclusive. But, you have to remember that many are implementing these benchmarks as voluntary. As you mentioned, a contract takes care of that problem.

    Thanks for the post.

  7. Christopher G. Hill
    Twitter:
    September 23, 2010 | 12:17 PM

    Thanks Doug

  8. […] or not this governmental guidance might set the standard of care for green builders in the region, has yet to discovered. Suggestive practices are different than mandated minimum […]

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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.

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