SUED FOR NOT BEING GREEN?
|Can a construction company be taken to court for not securing LEED points? USGBC-Chicago explored legal issues in LEED,Energy Star, and Green Globes last night at the offices of Brinks Hofer Gilson & Lione. The LEED-ing lesson? Plan ahead.|
Prohov & Associates' Rick Prohov says Shaw Development v. Southern Builders (2005) was the first case in which a developer sued a construction company over losing green tax credits by not getting LEED cert. It was settled because the LEED issue was not discussed up front in the contract but buried in a manual. He suggests having legal forms, like the AIA uses, that have required language dealing with environmental issues.
Jenner & Block lawyer Allison Torrence knows green: her enviro-friendly office, 353 N. Clark, is building out its space to meet LEED-CI requirements; the core and shell are already there. USGBC's Katie Kaluzny, Chicago Regional Council of Carpenters' Anthony Janowski, and ISSA's Annie Balonick were also photo-ready. Annie is working on ISSA's new green cleaning certification, CIMS, which will ensure vendors hired to clean buildings are doing so in a sustainable way.