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Archive for the ‘Leedigation’ Category

Check out the guest post about LEEDigation on Green-Talk.com by OGBL’s very own Dave Scott by clicking HERE.

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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. [...]

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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 [...]

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What exactly is a “Standard of Care?” Essentially, it is standard by which a Design Professional’s service for their clients is judged.  Thus, in case of a lawsuit, the higher the standard of care, the more likely it is that an Architect or Engineer’s work will be found to be negligent. Likewise, the lower the [...]

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The American Institute of Architects (AIA) recently released a brand new Guide for Sustainable Projects titled D503. Because of the rapid growth of sustainable design since the last revision in 2007 and partly because of the  inadequacies of the 2007 docs when it came to sustainable buildings, the AIA decided that it could not wait until 2017 [...]

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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

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  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. [...]

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NOTE: The opinions expressed in this post are entirely those of the author, and do not represent the position of the USGBC or of the USGBC Central Ohio Chapter. Sensationalism is generally defined as a manner of over-hyping events, being deliberately controversial, loud, self-centered or acting to obtain attention.  In Gifford vs. USGBC, sensationalism takes the form of a [...]

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NOTE: The opinions expressed in this post are entirely those of the author, and do not represent the position of the USGBC or of the USGBC Central Ohio Chapter. Ever heard the old adage “Hell hath no fury like a non-LEED AP energy-efficiency professional scorned”? No? Well, check out Gifford v. USGBC. Henry Gifford (the guy [...]

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Without explaining how (or even if) he has been personally harmed, self-proclaimed energy efficiency maven Henry Gifford is seeking class action certification for a lawsuit he and others recently filed against the USGBC in Federal District Court.  The plaintiffs allege fraud, false advertising, and a violation of U.S. anti-trust and RICO laws. (The complaint can be viewed here.) Gifford’s website [...]

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