Green Building Law Update

NOVEMBER 5, 2017

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.

Green 120

Green Contract Documentation Claims 120

Natural Building

MAY 8, 2022

Using reclaimed wood can be a more sustainable alternative to new wood and other building materials. Nearly half of the world’s top 100 tropical timber and pulp companies have not committed to sustainable forestry practices. A building with reclaimed wood gains points toward certification from the U.S.

Certification 52

Certification Materials Sustainability Resource 52

Green Building Law Update

OCTOBER 16, 2016

The roundtable will explore interpretations of organic claims for products that fall outside the scope of the USDA’s National Organic Program (which potentially includes everything from cannabis to shampoo and building materials to dry cleaning, all of which are outside of USDA’s voluntary Program).

Organization 120

Organization Claims Green Products 120

Green Building Law Update

MARCH 24, 2019

There may be no single subject matter more discussed with over the more than 20 year history of LEED than forest product certification. This new pilot credit also leaves in place the 2016 pilot credit MRpc102 Legal Wood, that despite all the discussion has not been a market mover. Wood that is not certified as managed is not illegal.

Design 120

Design Products Certification Legal 120

Green Building Law Update

JULY 31, 2016

The First Parish in Bedford, Unitarian Universalist church has appealed from a decision of the Historic District Commission of the Town of Bedford that denied First Parish’s application for a certificate of appropriateness to install solar panels on its Meetinghouse roof.

Commissioning 120

Commissioning Massachusetts Certification Legal 120

Green Building Law Update

JANUARY 16, 2022

A business that generates renewable energy, say, with solar panels, but sells the Renewable Energy Certificates (RECs) for that renewable energy may not then claim it “uses” renewable energy. In doing so, the owner forfeits the ability to make any claims about “using” renewable energy, but generates a new revenue stream.

Regulation 156

Regulation Claims Green Electrical 156

Green Building Law Update

DECEMBER 12, 2021

Businesses making a net zero claim like, “we will be net zero by 2030” risk a charge that they are misleading consumers. It is one thing when a political leaders in a government make an ESG claim. But it is another thing for a business to make ESG claims about net zero or otherwise that mislead customers.

Risk 156

Risk Claims Legal Agreement 156

Best Practices Construction Law

FEBRUARY 21, 2018

In that case, the contractor and subcontractor (and their insurance carriers) were pointing the finger at each other for injuries sustained by an employee of the subcontractor. While cumbersome, don’t just rely on a certificate of insurance provided by a party, but ask them to get you a copy of the actual policy to review.

Insurance 54

Insurance Subcontracting Injury Construction 54

Best Practices Construction Law

JULY 29, 2015

In this case, the trial court concluded that the policy issued by Insurance Company #2 did not provide coverage because the property damage sustained by the Owners in 2006 did not occur during the policy period. Ultimately, the court concluded that Insurance Company #2 had the duty to defend the claim. So What?

Insurance 48

Insurance Liability Claims Electrical 48

Construction Dive

DECEMBER 26, 2012

In the meantime, here are a few brief notes of interest from each of the five areas that CPW covers: Construction Claims Advisor (CCA) -- Which weekly CCA commentary drew the most reaction from CPW/Construction Advisor Today (CAT) readers in 2012? Michigan is the 24th state to approve legislation of this sort.

Michigan 48

Michigan ASPE Bidding Union 48

Green Building Law Update

AUGUST 22, 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. The “Social” components of ESG are among least measured factors in corporate sustainability despite being among the most impactful.

Legal 177

Legal Risk Sustainability California 177

Green Building Law Update

SEPTEMBER 12, 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. This blog post highlights the legal risk associated with ESG disclosures and proffers that through green building practices, like the U.S.

Legal 156

Legal Risk Green Claims 156

Buisness Facilities Contributed Content

APRIL 15, 2014

Appalachian Regional Commission and Delta Regional Authority Grants: Federal-state partnerships that work with the people of 37 Appalachian counties in Alabama and the Mississippi Delta region’s twenty Alabama counties to create opportunities for self-sustaining economic development and improved quality of life.

Income 108

Income Finance Zoning Employment 108

Buisness Facilities Contributed Content

MARCH 21, 2014

The program is capped at 10,000 new jobs being claimed each year by all participants; whereas a taxpayer is limited to a maximum of 400 new jobs per year. FOREIGN TRADE ZONES (FTZs): Secured areas legally outside of U.S. Eligibility qualifications are different for rural and metro areas.

Income 75

Income Finance Zoning Equipment 75

Business Facilities

JULY 11, 2014

These include rail, costs associated with engineering, legal and professional services; and other activities necessary to make a specific site ready for reuse. Eligibility for benefits is based upon annual certification. They may also be used for access roads or other necessary on-site and off-site transportation improvements.

Pennsylvania 45

Pennsylvania Finance Zoning Banking 45

Building Information Management

SEPTEMBER 18, 2013

The benefits include centralized and visual communication, early exploration of options, sustainability, efficient design, integration of disciplines, site control, as built documentation, etc.–effectively IFC Certification Procedure (IFC 4×4**). In 2010 buildingSMART developed the new IFC Certification 2.0 V3 Definition*.

BIM 40

BIM US Life Cycle Modeling 40

Building Information Management

APRIL 24, 2016

The intent and purpose of the Request for Proposal (RFP) is to establish a term contract to provide on demand, quality general construction services (renovation, repair, sustainability, minor new construction ) for the Owner. The Contractor shall supply all required insurance prior to starting the project on the scheduled date.

Contract 40

Contract Contractors Materials Site 40