Nation’s First Green Building Code Sets The Stage For Increased Litigation

This article begins with an exploration of the areas and degrees of risk involved with green building projects. It begins with a look at the first state-level green building code adopted by the California Building Standards Commission earlier this year, outlining the nature of the regulations as well as the potential legal pitfalls. The article warns that while California is the first to adopt formal, green building standards, “local governing bodies across the country have similar requirements and others are rapidly moving in the same direction.”

One case in point discussed here is the nation’s first green building litigation involving a real estate project designed to comply with LEED silver certification by the U.S. Green Building Council (USGBC) but which did not achieve the  certification. The dispute over claimed losses in green building tax credits arose between the owner and contractor, and was exacerbated by a lack of clarity in their formal construction agreement. The surge in green building interest and concern with compliance with new laws and regulations has led to the emergence of law firms with accredited green building practices. The article touches on some of the accreditation programs being offered to attorneys and ends with a profile of one of the leading law firms in this emerging specialty area.

Source: PR Newswire (New York); September 22, 2008, p1