Archive for the 'Legal Developments' Category

New York Times, USGBC Address LEED Performance Gap

You may have recently read the New York Times article about the gap between LEED building designs and actual energy performance.  If not, I would recommend reading the article.  You may have also noticed a reference to "construction lawyers": 

"Already, some construction lawyers have said that owners might face additional risk of lawsuits if buildings are [...]

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Green Building Law Update Gets a New Home

Today, I am starting work at a new law firm: Crowell & Moring.  I am excited and I think you will see why with a single story. 

My last day at my previous law firm was August 19.  What did I do on my first day off?  Sadly, I wrote blog posts.  I have to [...]

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You Made Me . . . Promises Promises

[I am on vacation this week in Phoenix and then Kansas City so I bring you guest posts and interviews!  I met each of the guest authors or interviewees somewhere along the way and asked them to contribute. 

When I was in New Orleans for the ABA Forum on Construction event, I met up with former [...]

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Electrical Contractor Recognizes Green Building Impact

[I am on vacation this week in Phoenix and then Kansas City so I bring you guest posts and interviews!  I met each of the guest authors or interviewees somewhere along the way and asked them to contribute. 

Ben Shultz works at R. Shultz Electric, an electrical contractor in Kansas City.  I also went to [...]

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Why Energy Ace’s LEED Guarantee is Brilliant

When I first read about Energy Ace’s LEED certification guarantee, I thought it was nuts.

Then I read a Co-Star article and realized Energy Ace’s guarantee was brilliant.   

When I read a green building regulation, I always look at the enforcement mechanism.  And when I look at a green building contract, I always focus [...]

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How to Make a Green Building Attorney Queasy

Energy Ace Inc., an Atlanta-based sustainability consulting firm, has publicly announced it will guarantee LEED certification for its projects.  Of course, there are limitations to the guarantee:  

"Energy Ace is guaranteeing LEED™ certification on projects where the firm is able to oversee LEED™ administration, Fundamental Commissioning and Energy Modeling, and where the project team is [...]

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Can You Guarantee LEED Certification?

Reminder:  Don’t forget to register for Green Building Law Update’s Birthday Happy Hour this Thursday!  
This week, we are going to be looking at an issue near and dear to me: guarantees of LEED certification.  Two publications from last week made clear to me the wide variety of views on the issue:

(1) Washington Business Journal’s On [...]

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A Green Building Holy Grail: LEED Certification Insurance

Over the past week, we have been discussing AIG’s AIGRMGreen Reputation Coverage.  I had speculated that this insurance might cover bad press resulting from allegations of greenwashing. 

Turns out, AIG’s insurance product covers more than just bad press. 

Mark Rabkin, my green building insurance guru, located a copy (PDF) of the AIGRMGreen Reputation Coverage.  From [...]

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GSA Stimulus Bids Far Lower Than Expected

I have previously speculated that stimulus green building projects will be at risk of underbidding.  Now we have real evidence.  Remember the $5.5 billion that the General Services Administration received from the stimulus to fund green building construction and retrofits?

"Bids came in far lower than we expected, but the upside is that because of [...]

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Would the Founding Fathers Have Supported LEED Mandates?

You may be relieved to learn that I am temporarily done discussing LEED de-certification.  The USGBC will be releasing an addenda to the Minimum Project Requirements, at which time we will discuss this issue anew.  Until then, lets move on…to another LEED legal discussion. 

One green building legal development that I, and others, have been [...]

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