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 [...]
Archive for the ‘Green building litigation’ Category
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 »
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 [...]
Northland Pines LEED Challenge: Arrival of Green Building Law or Much Ado?
Posted in City, Codes and Regulations, Federal, Green building litigation, Leedigation, National, Ohio, State on July 5, 2010 | Leave a Comment »
As the green building law blogosphere was erupting over the Northland Pines LEED Challenge, I summed up the situation for an esteemed and diverse group of green professionals (including engineers, contractors, facility managers, architects, and suppliers) and I received some intriguing feedback. First a quick synopsis for the uninitiated. A group of “concerned members of the community” (i.e., persons [...]
Too Popular?
Posted in Green building litigation, tagged energy efficiency, ImaginOn on April 4, 2010 | Leave a Comment »
A recent article in the Charlotte Observer detailed unexpectedly high energy costs for Charlotte’s first green public building. ImaginOn, a children’s library and theater, is using energy at almost double the design predictions. The culprit? ImaginOn is too popular. In what is a complement to the building’s design, ImaginOn is experiencing 50% more visitors per year than anticipated. Consequently, ImaginOn is running its theater [...]
Green Building Litigation, Part IV: “Negligence per se [it ain't so]“
Posted in Codes and Regulations, Green building litigation, Leedigation, tagged building code, Leedigation, negligence, Negligence per se on February 1, 2010 | 4 Comments »
First a quick explanation for our non-lawyer audience about the title of this post, which is about the green building implications of the legal concept “negilgence per se.“ The “se” is pronounced “say.” Get it!? If humor were my moneymaker, my poor daughters would starve… Anyway, among the risks for green building professionals is the legal [...]
OGBL Going Global via Meritas Webinar
Posted in Global, Green building litigation, LEED, Leedigation, National, Ohio, tagged green leases, greenwashing, Leedigation, Meritas on January 11, 2010 | Leave a Comment »
The OGBL team has been invited to present a webinar (to be broadcast on Wednesday, January 27, from 2-3 p.m. EST) about current trends in green building litigation, green leasing, and greenwashing to Meritas, a collaborative of 6,762 attorneys in 168 full-service law firms in over 60 countries worldwide. This webinar will be interactive and presents a [...]
The latest and greatest on green office trends
Posted in Global, Green building litigation, National, tagged Green Office, trends on December 12, 2009 | Leave a Comment »
In the wake of Climategate, and as the economy in general continues to sputter along, we seem to be bidding farewell to the trendiness of the green movement. I say good riddance! Those who were “going green” (my least favorite phrase since “your hard drive just crashed”) to be trendy have probably abandoned ship. Those [...]
LEEDigation, Part III: “We’re Only Human”
Posted in Green building litigation, LEED, LEED v3, Leedigation, tagged LEED, Leedigation, New Buildings Institute, USGBC on December 11, 2009 | 2 Comments »
Setting aside for now the question of whether or not litigators are, in fact, human, this post explores the potential for human error to contribute to litigation related to green building and construction projects. A study commissioned by the USGBC and the U.S. EPA, and conducted by the New Buildings Institute, concluded that 25% of [...]
Green Building Litigation, Part II: Forewarned is Forearmed
Posted in City, Codes and Regulations, Green Building Incentives, Green building litigation, LEED, tagged Green Building Incentives, LEED, Leedigation on December 4, 2009 | Leave a Comment »
Part of our mission here at OGBL is trying to prevent disputes that might arise on account of the relative infancy of the green building industry. Risk management and informing our clients of potential exposures to liability is a large part of our job as attorneys. With that being said, here are a few things [...]
Green Building Litigation, Part I: Who’s afraid of the big, bad wolf?
Posted in Green building litigation, LEED, Leedigation, tagged LEED, Leedigation on November 29, 2009 | Leave a Comment »
Green building litigation is usually among the hot topics when architects, contractors, developers, engineers, and other green building professionals talk about their legal concerns. And why wouldn’t it be? Litigation can be a productivity succubus, costing time, money, and stress while distracting your business from its fundamental purpose. I should know because I’m a litigator [...]
PUBLISHED BY:
David M. Scott, LEED® AP BD+C
Timothy M. Clayton, LEED® AP BD+C
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Contributing Colleagues:
David M. Scott
Timothy M. Clayton
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