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. and the legal adage that bad facts rise to bad law may certainly have been at play in those instances. best practices.

Regulation 156

Regulation Claims Risk Legal 156

Green Building Law Update

SEPTEMBER 5, 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. Many funds these days brand themselves as “green,” “sustainable,” “low-carbon,” and so on. yes, this blog will continue).

Regulation 156

Regulation Risk Sustainability Claims 156

Green Building Law Update

FEBRUARY 26, 2022

Despite that the Zero Waste movement peaked in about 1998, in the modern context of Net Zero from Net Zero Energy to Net Zero Carbon, we are today with surprising frequency asked about a business being able to claim it is Zero Waste. No company should claim to be Zero Waste. There is a lot of waste out there. But it is not easy.

Claims 156

Claims Certification San Francisco Resource 156

Green Building Law Update

MAY 24, 2020

With all 50 states now in some stage of reopening from coronavirus pandemic closures, many commercial real estate owners are questioning if they can be liable for damages when someone, whether an employee of the business tenant or someone else, claims to have contracted COVID-19 at their building. until there is a COVID-19 vaccine).

Liability 177

Liability Commercial Claims Insurance 177

Construction Law

DECEMBER 2, 2022

The next thing you might be contacting your lawyer about could be your potentially over-inflated sustainability claims. Virtue signalling by ‘greenwashing’ could end up being more expensive than taking the measures you have wrongly claimed to. Those projects failing to meet these criteria may struggle to access financing.

Claims 52

Claims Risk Infrastructure Finance 52

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.

Regulation 156

Regulation Sustainability IDEA United States 156

Green Building Law Update

DECEMBER 5, 2021

In the Old Testament when Isaac attempts to dig anew his father’s wells the shepherds of the wadi Gerar, claim, “the water is ours” forcing the patriarch to move on to dig a well elsewhere. Supreme Court squarely rejected Mississippi’s claim that Tennessee’s wells are stealing Mississippi’s ground water. Just last week a unanimous U.S.

Mississippi 156

Mississippi New York New York City Memphis 156

Green Building Law Update

NOVEMBER 20, 2016

The legal cannabis market could triple over the next for years to $22 Billion, according to a pre-election day editorial in The Wall Street Journal. In this brave new weed world, people care about the cannabis they smoke (and eat). But the U.S. Organic marijuana Verdant Checked cannabis is coming.

Organization 120

Organization Certification Claims Sustainability 120

Green Building Law Update

FEBRUARY 7, 2021

A business saying though an ESG statement on their website that they are concerned about modern slavery may sound nice, but in 2021 when so many are talking about ESG, that claim will not resonate and quite frankly falls short of what a private enterprise should be doing to prevent these crimes.

Equity 257

Equity Sustainability Defense Green 257

Green Building Law Update

NOVEMBER 14, 2021

Smaller businesses, without a deep bench of internal ESG expertise need to be particularly cautious of greenwashing in ESG claims. Many find engaging an attorney with sustainability expertise is a good way to mitigate ESG associated risk. Nancy Hudes and I are now publishing a new blog at www.ESGLegalSolutions.com (.

Maryland 177

Maryland Regulation Electrical Legal 177

Constructlaw

OCTOBER 23, 2020

Wolf’s orders designating every business as either life-sustaining or non-life-sustaining violated the due process clause of the Fourteenth Amendment; and. (3) The court expressed significant concern with how the process identified businesses as life-sustaining or non-life-sustaining, and found that Gov.

Sustainability 40

Sustainability Pennsylvania Change Orders Safety 40

Green Building Law Update

APRIL 17, 2016

Green Building Council is to be applauded for the release last week of the new pilot credit MRpc102 – Legal Wood. What USGBC did do within the April 5, 2016 quarterly addenda to LEED was include a new temporary alternative compliance path credit, MRpc102 Legal Wood| Possible 1 point. So a Legal Wood pilot credit might be a misnomer?

Legal 136

Legal Certification Green Products 136

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. Legislation state of play table Our regular update of the progress of legislation and government procurement related developments compiled by Construction Law staff.

Procurement 52

Procurement Construction Insurance Legal 52

Green Building Law Update

FEBRUARY 6, 2022

making a claim that a company’s building is constructed with bird collision deterrence features, as evidenced by compliance with that particular LEED credit, but not the entire LEED rating system). Nancy Hudes and I are now publishing a blog www.ESGLegalSolutions.com (. yes, this blog will continue).

Commercial 156

Commercial California Green Organization 156

Green Building Law Update

APRIL 17, 2016

Green Building Council is to be applauded for the release last week of the new pilot credit MRpc102 – Legal Wood. What USGBC did do within the April 5, 2016 quarterly addenda to LEED was include a new temporary alternative compliance path credit, MRpc102 Legal Wood| Possible 1 point. So a Legal Wood pilot credit might be a misnomer?

Legal 120

Legal Certification Green Products 120

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

Best Practices Construction Law

JUNE 21, 2016

shall be deemed a conclusive waiver by the Contractor of any and all claims for damages for delay arising from such condition. ” The appellate court also found that actual knowledge of the delays and claims did not excuse the subcontractor from complying with the the notice requirements of the contract. .”

Claims 82

Claims Contract Legal New York 82

Green Building Law Update

JANUARY 1, 2017

However, the FTC is clear that “marketers must identify all express and implied claims that the advertisement reasonably conveys” and “ensure that all reasonable interpretations of their claims are truthful.” The website still claims the Sunscreen SPF 30 is “all natural.” 62125 (2012).

Claims 120

Claims California Commissioning Products 120

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

Green Building Law Update

JUNE 28, 2015

Supreme Court having before it an interstate water dispute, where Florida seeks an equitable apportionment of the waters of the Chattahoochee and Flint Rivers over the claims of upstream Georgia, the issue of “who owns the rain” is of national importance. Water law in the western U.S. ” McNaughton v. Eaton, 1952.

Albuquerque 120

Albuquerque Tucson Utah Maryland 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. It can also add character and comfort to your home.

Certification 52

Certification Materials Sustainability Resource 52

Green Building Law Update

JUNE 28, 2015

Supreme Court having before it an interstate water dispute, where Florida seeks an equitable apportionment of the waters of the Chattahoochee and Flint Rivers over the claims of upstream Georgia, the issue of “who owns the rain” is of national importance. Water law in the western U.S. ” McNaughton v. Eaton, 1952.

Albuquerque 120

Albuquerque Tucson Utah Maryland 120

Building Information Management

JANUARY 29, 2013

It is less costly and more sustainable to reuse existing buildings. With 345,000 buildings, with over 105,000 buildings more than 50 years old, the importance of efficient renovation, repair, and sustainability of existing buildings is paramount. Sustainment/Status Quo. Legal and Policy Framework. Visual Estimating.

Sustainability 45

Sustainability Life Cycle Procurement Estimating 45

Building Information Management

JANUARY 29, 2013

It is less costly and more sustainable to reuse existing buildings. With 345,000 buildings, with over 105,000 buildings more than 50 years old, the importance of efficient renovation, repair, and sustainability of existing buildings is paramount. Sustainment/Status Quo. Legal and Policy Framework. Visual Estimating.

Sustainability 40

Sustainability Life Cycle Procurement Estimating 40

Green Building Law Update

MARCH 27, 2016

Resolute alleges in its pleadings that in 2012 Greenpeace published defamatory articles critical of Resolute’s forestry and corporate practices, even after publicly retracting its claims after Resolute threatened litigation, and secretly disseminated them to Resolute’s customers.

Claims 185

Claims Defense Organization Products 185

Best Practices Construction Law

MAY 27, 2016

I previously blogged about the rules relating to pass-through claims , where a prime contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. KBR submits a certified claim with the Army for $10.4 In Kellogg Brown & Root Servs., million; and. million; and.

Claims 63

Claims Liability Contract Contractors 63

ENR Construction

AUGUST 6, 2012

Sustainability. CW: Report Claims Caltrans Ignored Bridge Safety Issues. Description: CB&I offers $3 billion to buy Shaw; newspaper claims Caltrans ignored safety issues on Bay Bridge. Building Types. Construction Methods. Haiti Reconstruction. Economic Stimulus. Safety & Health. Banking & Credit Crisis. Project Delivery.

Claims 31

Claims Safety FAQ News 31

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. . When a family member sustains injuries from a falling object on a construction site, the best action is to seek legal representation at once.

Site 156

Site Injury Construction Safety 156

Green Building Law Update

MAY 21, 2014

District Court Eastern District of Michigan, claiming the object of the Chinese state owned companies’ illegal dumping actions was to drive established solar industry leader, Energy Conversion Devices, out of business. Chinese Chinese dumping Kaplow SolarWorld Sustainability solar solar panels' Steel been damaged, but every U.S.

Cash Flow 120

Cash Flow Bankruptcy Pennsylvania Michigan 120

Green Building Law Update

MARCH 24, 2019

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. Certified by a third-party legality verification program (see Annex 3). Voluntary forest certification systems have become important in promoting sustainable forestry.

Design 120

Design Products Certification Legal 120

Green Building Law Update

MARCH 27, 2016

Resolute alleges in its pleadings that in 2012 Greenpeace published defamatory articles critical of Resolute’s forestry and corporate practices, even after publicly retracting its claims after Resolute threatened litigation, and secretly disseminated them to Resolute’s customers.

Claims 120

Claims Defense Organization Products 120

Green Building Law Update

DECEMBER 3, 2017

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. A claim pending against a major U.S. This waiver is specific for LEED Version 4.0.

Green 120

Green Risk Claims Drafting 120

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

MAY 22, 2018

Should the Contractor sustain any damage through any act or omission of any other contractor having a contract with the Owner or through any act or omission of any Subcontractor of said other contractor, the Contractor shall have no claim against the Owner for said damage.”. In the a regularly cited case, United States Steel Corp.

Claims 48

Claims Contract Railroad Missouri 48

Green Building Law Update

DECEMBER 19, 2021

Sidestepping for a moment those companies that set out to intentionally deceive other about their ESG bonafides, from time to time, what companies think their ESG claims mean and what others really understand are two different things. And while today it has a broader definition including not only environmental claims but also matters of ESG.

Claims 156

Claims Sustainability Legal Risk 156

Levelset

AUGUST 24, 2022

General liability provides coverage for injuries that other people sustain due to a contractor’s work. For example, if a customer visits the jobsite and trips over the cord from a carpenter’s saw, the carpenter’s general liability policy would likely cover costs associated with the injury sustained by the customer.

Liability 52

Liability Risk Insurance Contractors 52

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