LEED Contracting: Latest Developments

Minimizing Liability Through Effective Green Building Contracts and Insurance Coverage

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Tuesday, November 27, 2012

Recorded event now available

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Course Materials

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.

Description

Leadership in Energy and Environmental Design (LEED) certification has changed the expected standard of care for the construction industry and has increased business and legal risks for architects, contractors and building owners.

Contractors and architects that promise to design or build to LEED certification standards may be sued for breach of contract or negligence if the building fails to obtain certification. Buildings that are designated LEED-certified that do not deliver energy efficiency or reduce costs also face litigation risks.

The most effective way for contractors and architects to minimize their exposure to LEED certification lawsuits is to explicitly define and assign responsibility for meeting green building goals in the building contract and to obtain adequate insurance to protect against losses.

Listen as our authoritative panel of construction attorneys explains the litigation risks inherent in green building. The panel will provide best practices for contract negotiation and drafting and for evaluating and selecting insurance coverage.

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Outline

  1. Litigation risks
    1. For developers
    2. For contractors and design professionals
    3. Risks of designing to LEED standards without certification v. pursuing LEED certification
  2. Contract drafting strategies for counsel to owners, contractors, architects and engineers
    1. Designate which party is responsible for designing and building to LEED standards
    2. Specify which party is responsible for LEED reporting and documentation with USGBC
    3. Specify how damages will be determined
    4. Addressing consequences of decertification and certification expiration
    5. Consider using new AIA Documents and Consensus Documents that address green building
    6. Green building insurance coverage and other related coverages

Benefits

The panel will review these and other key questions:

  • What are the specific litigation risks surrounding building construction projects under LEED certification standards?
  • 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

Bruce W. Merwin
Bruce 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

James d'Entremont
James d'Entremont
Partner
Moore Thompson and Lee

His diverse practice has provided him with extensive experience representing businesses, insurers, trade associations...  |  Read More

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