We’ve written extensively here at gbNYC about the potential for litigation arising out of green construction projects. To date the issue has been on the radar screens of numerous industry authors, but real-life application of green legal theory has been relatively difficult to come by outside of a handful of green-related claims reported by insurance carriers. However, a (relatively) recent lawsuit that was filed on the eastern shore of Maryland demonstrates that green building risk is real- particularly in light of rapidly increasing regulatory activity at the state and local levels. The suit suggests the critical importance of clear contract language for each stakeholder on a green construction project and posits that the alternative could be massive exposure to unanticipated liability for every project participant.
August 20th, 2008 | Stephen Del Percio | 13 comments | ContinuedAll Posts Tagged With: "green building lawyer"
The Liability of Building Green: GBI & ED+C to Sponsor Summer-Long Webinar Series
On Tuesday, June 24, the Green Building Initiative and ED+C magazine are sponsoring the first in a series of three webinars examining the various liability issues that construction industry stakeholders may confront in connection with green projects. I will be presenting on next Tuesday’s panel- titled “Risk and Liability in the Construction Industry”- and providing an overview of potential causes of action that could be asserted against (or brought by) green project participants.
June 19th, 2008 | Stephen Del Percio | 0 comments | Continued
Managing Risk in Sustainable Building Conference Set for February 7-8 in Chicago
In its 2006 Green Building White Paper, Building Design + Construction magazine called upon the legal profession to examine the potential liability issues that could arise from green standards. It asked the American Bar Association or a leading law school to lead the charge and critically analyze the legal implications that green building regulations might implicate. As far as I can tell, the first conference that will begin to dig into these issues is taking place next week in Chicago. Sponsored by the Alberti Group, it’s not too late to register for Managing Risk in Sustainable Building: Policy, Performance & Pitfalls.
January 28th, 2008 | Stephen Del Percio | 2 comments | ContinuedGreensburg, Kansas to Rebuild Public Buildings at LEED Platinum in Aftermath of May Tornado
Last May, the city of Greensburg, Kansas was devastated by a tornado that killed ten people and injured over fifty of its 1,400 residents- as you can see from the image, the level of destruction was almost incomprehensible. Back on December 17, though, the city passed a resolution to rebuild its public buildings greater than [...]
January 3rd, 2008 | Stephen Del Percio | 2 comments | ContinuedPittsburgh Approves Green Density Bonuses, Will Consider LEED Mandate for Public and TIF Projects
On Monday, Pittsburgh’s City Council approved a new green building incentive, and entertained a second which it will vote on sometime next year. The first, and less controversial bill, will allow LEED-certified buildings to rise 20 percent higher and include 20 percent more floor area than other buildings in their zoning district. For example, the [...]
November 29th, 2007 | Stephen Del Percio | 0 comments | ContinuedRevisions to Wicks Law Stall; Albany Vows to Push Forward
Back in March, gbNYC joined various industry leaders in calling on Albany to repeal the Wicks Law, anachronistic 1920s-era legislation that requires municipal owners in the State of New York, including New York City, to use four separate contractors on any construction project greater than $50,000 for general construction, plumbing and gas fitting, heating and [...]
August 7th, 2007 | Stephen Del Percio | 3 comments | Continued