Check out the guest post about LEEDigation on Green-Talk.com by OGBL’s very own Dave Scott by clicking HERE.
Archive for the ‘Green building litigation’ Category
Guest Post by Dave Scott on Green-Talk.com
Posted in Green building litigation, LEED, LEED v3, Leedigation, National, Ohio, tagged Guest Post on January 20, 2012 | Leave a Comment »
The Ever-Evolving Standard of Care: Form Contract Docs
Posted in Global, Green building litigation, LEED, Leedigation, National, Ohio, Sustainable Design Contracts, tagged AIA, ConsensusDOCS, Form Construction Contracts, LEED, standard of care on November 28, 2011 | 1 Comment »
Form Construction Contract Docs. What exactly is buried within the pages of all that legal gibberish when you “sign on the dotted line?” Well, to begin with, a number of different organizations associated with the construction industry produce standard form contracts - AIA, EJCDC, AGC/ConsensusDOCS, DBIA. Generally, the forms drafted by each organization reflect the interests and perspective of the sponsoring organization. [...]
The Ever Evolving Standard of Care: Part 2
Posted in Green building litigation, LEED, LEED v3, Leedigation, National, tagged architect, engineer, LEED AP, LEED AP fellow, standard of care, sustainable design on September 11, 2011 | Leave a Comment »
In an earlier post, we discussed how the standard of care for design professionals is constantly evolving. In regard to sustainable design, where the project is located is extremely important. However, There are other factors that design professionals need to take into account when considering standard of care. For instance design professionals with green building specific [...]
Court tells Gifford “You’re Dismissed”
Posted in Green building litigation, LEED, tagged Gifford v. USGBC, USGBC, USGBC Class Action, USGBC Lawsuit on August 17, 2011 | 1 Comment »
Although perhaps not as dramatic as The Donald pointing menacingly and declaring “You’re Fired,” the U.S. District Court in New York just gave the same treatment to Henry Gifford and the other folks who had filed suit against the USGBC. As previously discussed by OGBL, Mr. Gifford and his cohorts claimed that the USGBC engaged in [...]
Death Star-esque Mega-Mall Fails to Deliver on Green Promises
Posted in Green building litigation, National, tagged bonds, destiny USA, Green Building, tax-exempt on July 19, 2011 | Leave a Comment »
Long ago in a galaxy far, far away, Darth Vader told Luke Skywalker that following the path of the Dark Side and ruling the universe was his “destiny.” Just a short time ago, in a state that’s not too far away, a developer told the Internal Revenue Service that a project was eligible for hundreds [...]
Seminar: Legal Issues in Sustainable and Green Building
Posted in Central Ohio, Green Building Incentives, Green building litigation, LEED, LEED v3, Leedigation, National, Ohio, tagged Green Building Law Seminar, LEED Seminar, Sustainable Building Seminar on May 27, 2011 | Leave a Comment »
Please Join us for a seminar entitled “Legal Issues in Sustainable and Green Building” in Worthington, Ohio on Wednesday, June 29. Register online at: www.halfmoonseminars.com
Amended Complaint filed in Gifford v. USGBC
Posted in Green building litigation, LEED, LEED v3, Leedigation, National, tagged Gifford v. USGBC, Henry Gifford, LEED, LEED lawsuit, USGBC on April 4, 2011 | Leave a Comment »
Henry Giffords, the non-LEED AP energy-efficiency professional at the center of last year’s class action lawsuit against the USGBC and LEED has (not surprisingly) filed an amended complaint. The amended complaint has created an almost entirely new lawsuit wherein many of the inadequacies and weaknesses of the previous class action have been trimmed and cut away. [...]
Send Lawyers, Guns and Money (to help police the LED market)
Posted in Green building litigation, National, Ohio, tagged City of Columbus, FTC green guides, WattWorks on November 20, 2010 | Leave a Comment »
Following up on our previous posts about the FTC Green Guides (which are in the process of being revised), we learned that FTC lawyers recently filed a lawsuit against a purported bad actor in the light emitting diode (LED) industry. On September 7, 2010, the FTC sued Lights of America, Inc., a California-based LED company, [...]
GBCI Tightens Up LEED v.3 Challenge Procedure
Posted in Green building litigation, LEED, LEED v3, Leedigation, National, Ohio on October 11, 2010 | 1 Comment »
As OGBL previously discussed in relation to the LEED v.3 challenge procedure, two big problems with the challenge procedure were (i) challenges could be brought by persons having no interest at all in the project (in lawyer terms, challenges could be brought by persons who “lack standing”), and (ii) challenges could be brought years after certification was awarded, potentially putting an [...]
Breaking Down the LEED v.3 Challange Procedure
Posted in Green building litigation, LEED v3, Leedigation, National, Ohio on July 12, 2010 | 1 Comment »
After months (perhaps years) of hard work, your project achieved LEED® certification. But months (perhaps years) after the plaque was hung, you get word that somebody has challenged your certification. What now? We’ll answer that question in a minute. First a contrasting scenario: You put in the same months (years) of hard work only to [...]
PUBLISHED BY:
David M. Scott, LEED® AP BD+C
Timothy M. Clayton, LEED® AP BD+C
of
Contributing Colleagues:
David M. Scott
Timothy M. Clayton
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