Green Construction Risk Mitigation: Certification Issues, Indemnification, Professional Liability, Untested Materials

A live 90-minute CLE video webinar with interactive Q&A

Wednesday, October 27, 2021

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, October 1, 2021

or call 1-800-926-7926

This CLE course will advise construction counsel on the specific risks when handling a green building project. The panel will address insurance and indemnity claims that may arise, the use of new or untested construction materials, and other unanticipated risks. The panel will discuss best practices when proceeding with a sustainable building project to mitigate risks.


All construction projects involve elements of legal risk--green building projects are no exception to this rule and often involve unique issues that are not present in typical construction projects. Green building projects commonly employ new or untested construction materials, require construction methods that lack significant track records, and ultimate building performance often fails to meet design expectations.

Counsel for green or sustainable construction may work with developers to receive a specific certification from a green building certifying agency, such as LEED certification (from the U.S. Green Building Council) or Green Globes (from the Green Building Initiative). These certifications may allow a developer to qualify for certain tax breaks or favorable financing terms, but failing to meet certification standards can financially impact a project.

Green building projects often incorporate novel construction materials and techniques. Construction materials and techniques are often determined "on the fly" in the field. The original project specifications often do not ultimately reflect the building after substantial completion. As a result, when a building fails to achieve the desired certification, the contract documents do not necessarily shed much light on which parties are responsible, leading to complex questions of responsibility and indemnity.

From a design perspective, green building projects often occupy the cutting edge of the industry. Without a significant track record and history, it can be difficult to determine whether a subsequent failure in building performance is due to professional negligence or is simply because a novel construction method ultimately did not work.

Listen as our expert panel discusses the future of green construction and sustainable development and the major issues such projects face. The panel will address the unique circumstances related to green construction and how to mitigate those potential risks.



  1. Green or sustainable construction
    1. Definitions
  2. Certifications
  3. Insurance and indemnification
  4. Professional liability standards
  5. Use of untested materials


The panel will review these and other relevant issues:

  • How has the rise of green or sustainable construction impacted the construction industry?
  • What impact does seeking certification have on green construction projects?
  • How can counsel address risk mitigation issues in green construction builds?
  • Does the use of untested materials impact design and construction professional liability?


Vitiello, Gina
Gina M. Vitiello

Shareholder; Chair Construction Law Section
Chamberlain Hrdlicka White Williams & Aughtry

Ms. Vitiello practices contract law and commercial litigation with an emphasis on issues related to the...  |  Read More

Additional faculty
to be announced.
Attend on October 27

Early Discount (through 10/01/21)

Cannot Attend October 27?

Early Discount (through 10/01/21)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video