LEED Certification Litigation: Emerging Risks
Minimizing Liability Through Green Building Contracts and Effective Insurance Coverage
Recording of a 90-minute CLE webinar with Q&A
This CLE course will prepare counsel for architects, contractors and building owners to identify and minimize LEED certification litigation risks. The panel will provide best practices to mitigate risk during construction contract negotiation and drafting—and when evaluating insurance coverage.
Outline
- Recent (limited) litigation and regulatory trends
- The Chesapeake Bay Foundation, Inc., et. al. v. Weyerhaeuser Company (Montgomery County, Md., 2011)
- Shaw Development v. Southern Builders (Somerset County, Md., 2007)
- Northland Pines High School certification challenge
- United States Green Building Council (USGBC) recent regulatory activity
- Litigation risks
- For developers
- For contractors and design professionals
- Risks of designing to LEED standards without certification v. pursuing LEED certification
- Contract drafting strategies for counsel to owners, contractors, architects and engineers
- Designate which party is responsible for designing and building to LEED standards
- Specify which party is responsible for LEED reporting and documentation with USGBC
- Specify how damages will be determined
- Addressing consequences of decertification and certification expiration
- Consider using AIA Documents and Consensus Documents that address green building
- Green building insurance coverage and other related coverages
Benefits
The panel will review these and other key questions:
- What are the current litigation trends surrounding building construction projects under LEED certification standards?
- What are the specific litigation risks for contractors, architects and building owners involved with green building?
- How can construction counsel use contract language and insurance coverage to mitigate the risks of LEED litigation?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Patrick J. Perrone
Partner
K&L Gates
He concentrates his practice on construction and engineering matters. He is an experienced trial attorney who has... | Read More
He concentrates his practice on construction and engineering matters. He is an experienced trial attorney who has handled hundreds of cases involving building products and construction defects. He has also litigated a variety of class action matters involving building products. Additionally, he is a Leadership in Energy and Environmental Design Accredited Professional (LEED®-AP).
CloseBruce W. Merwin
Partner
Haynes and Boone
He has 35 years of experience working on complex real estate transactions, with a particular emphasis in... | Read More
He has 35 years of experience working on complex real estate transactions, with a particular emphasis in construction-related transactions (including those involving LEED certification), office building, apartment and condominium development, industrial projects, leasing, land development projects and the purchase and sale of property. He is Board Certified in Commercial Real Estate Law in Texas.
CloseBradley S. Carson
Haynes and Boone
He helps clients buy, sell, lease, and finance commercial real estate. In addition to traditional sales, leases, and... | Read More
He helps clients buy, sell, lease, and finance commercial real estate. In addition to traditional sales, leases, and other landlord-tenant matters, Bradley has significant experience in complex financings secured by real property. His most recent areas of research and speaking include the effects of sustainability principles on commercial leases. He is also a LEED Green Associate.
CloseJames d'Entremont
Partner
Moore Thompson and Lee
His diverse practice has provided him with extensive experience representing businesses, insurers, trade associations... | Read More
His diverse practice has provided him with extensive experience representing businesses, insurers, trade associations and individuals in a wide range of areas including commercial litigation, construction litigation, professional liability, products liability, environmental, toxic tort, premise liability, fraud and insurance litigation.
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