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 | 14 comments | ContinuedAll Posts Tagged With: "LEED litigation"
Green Business Law: Need for Green Counsel Becoming Increasingly Salient as Green Claims are Brought Against Design Professionals
I’ve written before about the potential for design professionals to unwittingly expose themselves to unanticipated risks on green construction projects. In a presentation at last month’s 2007 AIA National Convention in San Antonio, Frank Musica, an attorney with a Maryland-based insurance company, provided an overview of twenty-one actual “green claims” brought against engineers and architects. [...]
June 19th, 2007 | Stephen Del Percio | 2 comments | Continued