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The Second Best Way to Mitigate Your Risk in Green Building

Green Building Law Update

The best way to mitigate risk in your green building project are properly drafted contract documents prepared by this law firm or by another attorney with green building experience. As I posted in this blog less than a year ago, Less than 20% of Green Building Contracts are Properly Drafted.

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Arbitration is Why There is So Little Litigation in Green Building

Green Building Law Update

It is surprising to many in the environmental industrial complex that there has been relatively little litigation arising out of green building. There have been only a very modest number of cases commenced in courts across the country involving construction of green buildings. Even the Green Business Certification Inc.

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Arbitration including Religious Arbitration in Green Building Contracts

Green Building Law Update

There is little question that a properly drafted provision in a contract requiring arbitration is enforceable. With over a million contract documents licensed on an annual basis, the AIA’s form construction documents are likely the most widely used contract documents in the industry.

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Green Building Data Risk as an Opportunity

Green Building Law Update

Green buildings generate large quantities of data. In an age when many have opinions about Edward Snowden’s disclosures, foreign state sponsored hacking, and Uber’s massive customer data hack, most people have not considered matters of data protection from their real estate, green building or otherwise. Others collect building data.

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2018 IgCC is Not in Use Anywhere. A Detailed Analysis of Why?

Green Building Law Update

The 2018 International Green Construction Code was released on November 8, 2018 but more than a year later, it has not been adopted anywhere. Many code officials have concluded the 2018 IgCC is not a good building code, green or otherwise. But arising from a 2014 confidential agreement signed by the U.S.

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Litigation over First LEED Platinum Building Comes to an End

Green Building Law Update

District Court for Maryland, filed a Stipulation of Dismissal with Prejudice following a confidential Settlement Agreement and Mutual Release. SmithGroup’s ‘green’ design called for exposed structural wood members outside the envelope of the Merrill Center, including some that penetrated the building’s façade.

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Litigation over First LEED Platinum Building Comes to an End

Green Building Law Update

District Court for Maryland, filed a Stipulation of Dismissal with Prejudice following a confidential Settlement Agreement and Mutual Release. SmithGroup’s ‘green’ design called for exposed structural wood members outside the envelope of the Merrill Center, including some that penetrated the building’s façade.

Liability 120