Green Building Law Update

OCTOBER 10, 2011

This year, the US Green Building Council hosted the 2nd Annual Legal Forum at Greenbuild 2011. The green building community seems to understand that green buildings do present new risks that must be managed and attorneys can help. Attorney Dan Sheridan provided a thorough recap of the Legal Forum on his blog, Legally Green.

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Levelset

AUGUST 24, 2022

Construction businesses need many different types of insurance to mitigate the risks associated with building projects. Two of the most common insurance policies that contractors have are builder’s risk and general liability, which serve very different purposes. What is builder’s risk insurance?

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Liability Risk Insurance Contractors 52

Stok

NOVEMBER 16, 2022

REALISTICALLY PRICE TRANSITION RISK At the moment, capital for the climate transition domestically and in emerging economies is often costlier due to perceived risks in policy uncertainty, technological developments, and less data on rate of returns. Referenced with the EU Taxonomy , any building that is not in line with 1.5

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Green Building Law Update

MAY 29, 2022

Many investors rely on ESG disclosures like those contained in Vale’s annual Sustainability Reports and other public filings to make informed investment decisions,” said Gurbir S. Grewal, Director of the SEC’s Division of Enforcement. “By The SEC’s complaint, filed in U.S. More information about the Task Force can be found here.

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Security Commissioning Claims Risk 156

Green Building Law Update

JANUARY 24, 2021

There is legal risk associated with ESG disclosures and I have assisted companies for years in mitigating their liability while still being responsive to the trend of investor demands for these disclosures. case law underscores some of the risks that ESG disclosures may be actionable if found to be materially false or misleading.

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Regulation Claims Risk Legal 156

Green Building Law Update

NOVEMBER 15, 2020

And these questions are not unfounded because as of November 1, 2020, legal industry databases of state and federal litigation are tracking more than 6,100 cases involving Covid-19 claims. Moreover, an invitee cannot maintain a negligence suit merely from a showing that an injury was sustained in the defendant’s building.

Liability 293

Liability Legal Claims Insurance 293

BD+C

SEPTEMBER 13, 2013

Worries about legal liability have long dogged the sustainable building movement, but insurance expert Karen Erger (Locton Companies) and attorney Eric Singer (Ice Miller LLP) say sustainability lawsuits are caused by the same types of issues that have always prompted clients to sue AEC firms. read more. "The

Liability 72

Liability Risk Insurance Green 72

Job Order Contracting

MAY 6, 2022

Shared profit and risk and jointly developed project goals and values are keystones for team alignment for any project. . Construction Management at Risk in Health Care Projects. Journal of Legal Affairs and Dispute Resolution in Engineering and. Leite, F., & Mulva, S. 36 Team Integration and. Journal of. 4 Adoption of.

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Green Building Law Update

FEBRUARY 12, 2014

Insurance has become a mechanism for managing the risk of unanticipated costs incurred to clean up a property that an owner may have acquired not knowing it was contaminated or that may later become contaminated from migration of toxics onto the property. Among the most common of the insurance coverages is a pollution legal liability policy.

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Green Building Law Update

FEBRUARY 7, 2021

In a conversation I had with Barry Giles, a true green building pioneer, in 2018, he said, “to truly regard sustainable buildings in a holistic manner, it’s our obligation to start with the supply chain serving the construction industry.”.

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Green Building Law Update

NOVEMBER 1, 2021

ESG has become such a large component of my law practice that I am now collaborating with a fabulous group attorneys in ESG Legal Solutions, LLC, a new non-law consulting firm. Nancy Hudes and I are now publishing a new blog at www.ESGLegalSolutions.com (. yes, this blog will continue). This post originally appeared in that blog.

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Green Building Law Update

SEPTEMBER 20, 2020

The rule is silent on ESG disclosures, including climate risk. Longstanding Federal law requires disclosure of “any material pending legal proceedings, other than ordinary routine litigation incidental to the business, to which a [public company] or any of its subsidiaries is a party or of which any of their property is subject.”

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Green Building Law Update

DECEMBER 3, 2017

business seeking to mitigate the risk associated with data protection. Therefore, DoD sustainable proponents have brokered this waiver with USGBC, allowing DoD to continue to utilize LEED without compromising data. It is the unsophisticated who will encounter legal issues and be left holding the bag. Because the U.S.

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Construction Marketing

JANUARY 25, 2023

The developer will also work with other professionals, such as landscape architects, interior designers, and environmental consultants, to ensure that the project is sustainable and complies with all environmental regulations and laws. Commercial real estate development also involves a significant amount of risk management.

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Green Building Law Update

AUGUST 29, 2021

ESG has become such a large component of my law practice that I am now collaborating with a fabulous group attorneys in ESG Legal Solutions, LLC, a new non-law consulting firm. Some have questioned should this bill be legally challenged, would a reviewing court find it violates the Equal Protection Clause of the U.S. We suggest not.

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Green Building Law Update

FEBRUARY 26, 2022

But regular readers of this blog will know that we believe any business claiming “zero” anything is indefensible, fraught with risk and likely to lead to litigation. a lot less than zero risk) as a level of exposure that would cause no more than 1 extra case of cancer in 100,000 people over a 70 year lifetime.

Claims 156

Claims Certification San Francisco Resource 156

Construction Law

DECEMBER 2, 2022

The next thing you might be contacting your lawyer about could be your potentially over-inflated sustainability claims. Projects may also risk litigation for failing to mitigate the release of carbon in their design, construction and operation. Those projects failing to meet these criteria may struggle to access financing.

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Green Building Law Update

AUGUST 23, 2020

public companies, but only if they present economic risks or opportunities that qualified investment professionals would treat as material economic considerations under generally accepted investment theories. The risks associated with making ESG disclosures are real and should not be underestimated.

Risk 156

Risk Plans Security Massachusetts 156

FDR Safety

NOVEMBER 1, 2019

The Summit brought together safety and legal professionals from chemical manufacturing, petroleum refining, paper and other industries covered by OSHA’s PSM Standard and EPA’s RMP Rule, with officials from the relevant regulatory agencies. Unfortunately, we find that much of this training has no foundation… Let me explain.

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Green Building Law Update

MAY 30, 2021

While the idea of ESG began in 2004 with a United Nations initiative to influence capital in non Western markets, in 2021 the legal and political institutions in the United States and the EU are demanding those ideas be implementing with due haste. Okay, many just want a standard, any standard, where there are effectively none today.

Regulation 156

Regulation Sustainability IDEA United States 156

Green Building Law Update

NOVEMBER 14, 2021

Many find engaging an attorney with sustainability expertise is a good way to mitigate ESG associated risk. ESG has become such a large component of my law practice that I am now collaborating with a fabulous group of attorneys in ESG Legal Solutions, LLC, a new non-law consulting firm “powering sustainability for tomorrow’s business.”

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Maryland Regulation Electrical Legal 177

Green Building Law Update

DECEMBER 11, 2016

Publicly traded companies are required to disclose material business risks to investors through regular filings with the Securities and Exchange Commission. Many public companies determined there were no meaningful business opportunities arising from climate change disclosures, but that they carried a potential for creating risk.

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Commissioning Risk Legal Materials 189

Green Building Law Update

MAY 24, 2020

a) knows or by the exercise of reasonable care would discover the condition, and should realize that it involves an unreasonable risk of harm to such invitees, and. (b) Moreover, an invitee cannot maintain a negligence suit merely from a showing that an injury was sustained in the defendant’s building.

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Liability Commercial Claims Insurance 177

Green Building Law Update

DECEMBER 26, 2021

With this blog we have taken one small step of making a brick and mortar sustainability law practice accessible to all online as we all move to take a giant leap toward the metaverse. Blog posts generally mirror issues that present on a daily basis in our own non-law and law practice with an eye on taking a reasoned risk to act on vision.

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Risk US Regulation Innovation 156

Construction Law

OCTOBER 3, 2023

Legal terms explained Our latest Legal Terms Explained series article from Georgia Di Salle of Herbert Smith Freehills LLP looks at Expert Evidence. Appeal court decision shows risks of bespoke contract terms Cheryl Ferguson of Dentons UK and Middle East LLP provides a round up of recent decisions relating to adjudication.

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Procurement Construction Insurance Legal 52

FDR Safety

AUGUST 29, 2018

PLAY AT YOUR OWN RISK” is an example of this type of sign. Over the past years, I have performed hundreds of Task Based Risk Assessments (See past blogs for a description of the TaBRA methodology). I would estimate that only 5-10% of identified high risk task elements result from the hazards of machine motion.

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Safety Risk Injury Feasibility 120

FDR Safety

AUGUST 29, 2018

PLAY AT YOUR OWN RISK” is an example of this type of sign. Over the past years, I have performed hundreds of Task Based Risk Assessments (See past blogs for a description of the TaBRA methodology). I would estimate that only 5-10% of identified high risk task elements result from the hazards of machine motion.

Safety 120

Safety Risk Injury Feasibility 120

Construction Marketing

JUNE 20, 2022

Going through the legalities of such issues can be complex, so working with a personal injury attorney In Englewood would be a good starting point. . Incorrect stacking of materials puts them at risk of toppling over. . Ways To Minimize Risk For Falling Debris Injuries. What Are The Common Types Of Falling Debris?

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Site Injury Construction Safety 156

Green Building Law Update

JANUARY 19, 2015

The growth since the data gathering for 2011 study has been significant with marijuana legalized for recreational use in four states and medicinal use in 19 states. Although non legal marijuana growing is hard to calculate, the association with high energy use has been accepted for decades.

Electrical 120

Electrical Accounting Colorado Legal 120

Job Order Contracting

AUGUST 21, 2018

US Army Sustainment Command. Journal of the Legal Profession, 19 Vol. Coordination of the Design Contract with the Construction 26 Manager-at-Risk Preconstruction Service Contract. The post LEAN OpenJOC(TM) Job Order Contracting for Sustainable Facilities Repair, Renovation, and Minor New Construction appeared first on 4BT.

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Green Building Law Update

JULY 7, 2014

We are increasingly called upon to give legal opinions that a green building is LEED certified, ‘certifiable’ or otherwise really a green building. While legal opinions are given in a variety of commercial contexts, they are increasingly being required as part of the due diligence by lenders when making loans secured by (i.e.,

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Building Information Management

NOVEMBER 3, 2015

and associated renovation, repair, maintenance, and sustainability. Transparency, shared risk/reward, and performance-based metrics must become commonplace vs. the exception. Shared Risk/Reward. Fewer Change Orders and/or Legal Disputes. A Common, Standardized Unit Price Book. Long Term Relationship (3-5 years).

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Renovating Sustainability Management Change Orders 40

Stok

APRIL 12, 2023

Securities and Exchange Commission (SEC) proposed new climate rules that would require registrants to report greenhouse gas (GHG) emissions and climate-related financial risks, among other metrics. According to legal professionals close to the development of these standards, this provision as is will likely not be included in the final rules.

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Stok

MARCH 23, 2023

As outlined in the latest IPCC synthesis report, decarbonization is more than just a critical priority in 2023—it’s key to securing a sustainable future, and our actions in the next few years to mitigate and draw down emissions will be pivotal.

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Regulation Sustainability Risk Accounting 52

Green Building Law Update

NOVEMBER 29, 2015

It has long been the rule that a fiduciary may not accept lower expected returns or take on greater risks in order to secure collateral environmental or other benefits. It makes clear that pension plans should fully take into account the risks and rewards of climate change and the like. The new guidance is no doubt positive.

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Accounting Risk Plans Legal 120

ENR Construction

JULY 31, 2012

Sustainability. Legal Fallout Spreads from Trainor Glass Default. Risk management. BONUS: ENR Future Tech & ENR Risk Review at no additional charge. Building Types. Construction Methods. Haiti Reconstruction. Economic Stimulus. Safety & Health. Banking & Credit Crisis. Project Delivery. Ethics & Corruption.

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Legal FAQ News Education 40

Green Building Law Update

OCTOBER 21, 2018

will help identify and reduce the risk of damage in the event of a natural disaster, economic disruption, resource depletion or other crisis for buildings, homes, neighborhoods and infrastructure. criteria include acute hazard preparation and adaptation strategies along with chronic risk mitigation at the building and neighborhood scale.

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