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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. That may sound self serving, but it is true.

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A Day in the Life of a Green Building Attorney

Green Building Law Update

My practice is almost exclusively sustainability including green building law, so a good response may be to look at a typical day. Responding to consultant email and draft report of Phase II environmental site assessment. Reviewing and approving quotes in draft third party journal article on defects in green building contracts.

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COP27 Recap: The State of Net Zero and Negotiations

Stok

Guest post by Joe Miller , Member of USGBC Delegation to COP27 With COP27 wrapped, here are key announcements and agreements from the conference. The actual substance of the agreement is yet to be announced, but how far reaching the details of this agreement will be a major indicator of whether this COP would be viewed as a success or not.

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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. Certification Agreement has a mandatory arbitration provision. The Supreme Court, in American Express v. Italian Colors Restaurant decided in 2013, “the overarching principle that arbitration is a matter of contract.

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Green Building Data Risk as an Opportunity

Green Building Law Update

Therefore, DoD sustainable proponents have brokered this waiver with USGBC, allowing DoD to continue to utilize LEED without compromising data. Many of those local laws are poorly drafted and do not insulate the reporting parties from liability for errors, harmless or otherwise. This waiver is specific for LEED Version 4.0.

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Arbitration is Why There is So Little Litigation in Green Building

Green Building Law Update

The reason for the dearth of court cases is not that there are no disputes and differences arising from green building design and construction, but rather that many, if not most of the contracts in sustainable construction require mandatory arbitration, in lieu of a judicial contest. Legal scholars can have at it.

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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. Less than 50 days after the trial judge recited those facts in an opinion granting in part and denying in part cross motions for summary judgment, the parties entered into the Settlement Agreement.

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