I'm planning a more detailed post about Building Design + Construction's recently released 2006 White Paper on Sustainability (this year's is titled Green Building and the Bottom Line), but I wanted to briefly point out that item number ten (of ten!) in the editors' Executive Summary is a direct acknowledgement of the legal issues that LEED, BIM, and other green building technologies are starting to implicate. The editors also recognize that, unfortunately, very little scholarly attention has been given to this potentially enormous area of liability.
10. The legal profession needs to examine potential liability issues resulting from developers and owners failing to build to green standards. Will the time come when green building certification will be seen as a minimum standard? This is a question legal scholars must began to take seriously.
On page 61 of the White Paper,