Green Building Law Update

NOVEMBER 13, 2016

Homebuyers are making claims of false advertising over “Net Zero LEED certified” houses in midtown Sacramento – that may be neither. According to print media accounts , 17 of the 34 homebuyers filed a statement of claim on September 30, 2016 commencing an arbitration proceeding against Pacific Housing, Inc., But are they?

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Claims Sacramento Housing Electrical 120

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

NOVEMBER 10, 2019

Businesses who generate renewable energy, say, by using solar panels, but sell the Renewable Energy Credits (RECs) for the renewable energy they generate shouldn’t claim they “use” renewable energy. The Federal Trade Commissions has advised that such a claim would be deceptive. The manufacturer’s claim is therefore deceptive.

Regulation 120

Regulation Claims Green Certification 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.

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Risk Claims Legal Agreement 156

Green Building Law Update

JULY 27, 2014

But the current dispute playing out in letters between counsel for Palo Alto and Flintco is the claim by the City that when Flintco’s contract was terminated, it did not turn over the documentation necessary to pursue LEED certification. yes, the general contractor sued the City) in Flintco Pacific, Inc.

Documentation 120

Documentation Certification Contract California 120

Green Building Law Update

NOVEMBER 20, 2016

The fast growing cannabis business could benefit from a voluntary certification system that producers could participate in to show consumers that they employ environmental best practices. 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

Wolgast Corporation

APRIL 30, 2024

To get the most from an insurance claim involving property restoration, it is best practice to openly communicate and collaborate with both your agent and restoration company. Work with your insurer to streamline the claims process and set-up timely payments for restoration services.

Commercial 127

Commercial Insurance Claims Documentation 127

Green Building Law Update

NOVEMBER 27, 2016

But, the claims that have resulted in much of the recent litigation involving green building projects are different from those in other construction disputes. This appears not to be a case about green building despite that the building is registered with GBCI as pursuing LEED and after years is still listed as “certification in progress.”

Green 120

Green Claims Certification North Carolina 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

Green Building Law Update

OCTOBER 27, 2019

million to settle a Federal Trade Commission greenwashing complaint alleging that their nationally marketed bath and beauty products are neither “certified organic” nor “vegan” as falsely claimed. These deceptive statements included claims that Truly Organic products contain “100% Organic Ingredients,” are “certified organic,” are “USDA.

Organization 120

Organization Claims Products Visualization 120

Building Information Management

OCTOBER 21, 2013

The issue, of course is that there is NO “industry tested and approved level” RICS has announced a BIM Manager Certification. While BIM is far from a “standard” the certification is an attempt to define and evaluate the proficiencies of construction professionals with respect to BIM (Building Information Modelling).

Certification 45

Certification BIM Claims Employment 45

Green Building Law Update

NOVEMBER 5, 2017

Appreciate that this limited number of disputes pursuing courtroom redress exists against a backdrop of a rising number of actual claims in green building construction projects. Even the Green Business Certification Inc. LEED Certification Agreement has a mandatory arbitration provision. Legal scholars can have at it.

Green 120

Green Contract Documentation Claims 120

Green Building Law Update

AUGUST 19, 2011

How can I make this claim? Because the GBA requires all buildings to obtain LEED certification, it functions as a quasi building code. In other words, LEED certification is a minimum requirement, the very definition of a so-called "floor." Why is the D.C. Green Building Act Fundamentally Flawed? Because the D.C.

Green 120

Green District of Columbia Certification Pennsylvania 120

ENR Construction

JULY 17, 2020

Who is responsible if an SBA certification is faked, as the U.S. attorney claims in Narula case?

Certification 71

Certification Claims Contract 71

Best Practices Construction Law

JANUARY 25, 2018

This includes construction claims and clarifies when the limitations period begins to run. the date of issuance of the certificate of occupancy. If a defect was never discovered, and an owner had never made final payment, arguably the statute of limitations for such claims could be extended forever.

Florida 59

Florida Claims Contract Construction 59

Green Building Law Update

OCTOBER 30, 2013

Trademark Application 85/952,773 to register “The Sustainable Sites Initiative” trademark and filed other associated applications including to register the “SITES” trademark, claiming sole and exclusive ownership of the marks. and The American Society of Landscape Architects'' Library and Education Advocacy Fund, Inc.,

Sustainability 120

Sustainability Site Texas Guidelines 120

Green Building Law Update

JUNE 30, 2019

The only claim that appears it could have legs base on the four corners of the pleadings is the Maryland Consumer Protection Act count because that law has such a low burden of proof where a plaintiff does not have to prove a breach of contract or fraud or even negligent misrepresentation, but only that there was a “.

Maryland 120

Maryland Housing Claims Green 120

Constructonomics

DECEMBER 1, 2012

Five of the six buildings in City Center received LEED Gold certification. The owner of the Hotel is claiming that the $275 million building requires a complete demolition due to the omission of required reinforcement in the lower level concrete columns. How can this kind of thing get missed?

Las Vegas 100

Las Vegas Claims United States Certification 100

Best Practices Construction Law

MARCH 5, 2018

Waukegan Steel, LLC , an employee brought a False Claims Act (FCA) against his employer for false billing and certification on a goverment project. The subcontractor was required to submit “fabrication quality control and weld inspection certificates” to the government before payment was issued. Jesse Sloan v. 3730(b).

Claims 63

Claims Certification Fabrication Inspections 63

Green Building Law Update

SEPTEMBER 15, 2011

Project developers have to post a bond guaranteeing the certification. Department of the Environment (DDOE) has indicated that a party other than the US Green Building Council could determine compliance with LEED certification. For the uninitiated, the DC Green Building Act requires that all new construction in D.C.

DC 120

DC Green Regulation Arlington 120

BD+C

DECEMBER 4, 2023

Trend 3: Build a better baggage claim experience A critical part of the travel experience is ensuring passengers can retrieve their luggage upon arriving at their destination. With that in mind, Skanska regularly partners with airports to help streamline the baggage claim process and get passengers on their way.

Airports 105

Airports Innovation Travel Design 105

ENR Construction

FEBRUARY 18, 2020

Developers' attorney claims the court ruling, which cites zoning irregularities in nearly done project, could invalidate certificates of occupancy for 20 city buildings.

New York City 64

New York City New York Zoning Certification 64

Green Building Law Update

JULY 19, 2015

Despite that relatively simple procedural history, much has been written about the case, largely overstating an allegation in the counterclaim that claimed, “10. Project is designed to comply with a Silver Certification Level according to the U. tax credit certificate. The Work consists of the following: 2.

Green 120

Green Maryland Lien Certification 120

Green Building Law Update

JULY 19, 2015

Despite that relatively simple procedural history, much has been written about the case, largely overstating an allegation in the counterclaim that claimed, “10. Project is designed to comply with a Silver Certification Level according to the U. tax credit certificate. The Work consists of the following: 2.

Green 120

Green Maryland Lien Certification 120

Contractor Bookkeeping

NOVEMBER 8, 2012

Why As A Construction Contractor - Do you want a resale certificate when all it does is cause you more paperwork? In Washington State the Resale Certificate was developed for construction contractors to not have to pay the sales tax on material that they plan to resell in the course of their business.

Washington 49

Washington Certification Cash Flow Contractors 49

Levelset

OCTOBER 13, 2022

A certificate of insurance (COI) is a valid form used to prove that you carry the appropriate insurance policy. Why a certificate of insurance matters. Even though a COI may expire, tracking those certificates still holds value. Related: 9 Common Insurance Policies in Construction. How long should I keep my COI?

Insurance 52

Insurance Certification Contractors Liability 52

Best Practices Construction Law

DECEMBER 18, 2019

As a construction litigation attorney, the “claim” is often about telling the story of a breach of contract, or failed expectations, or unforeseen delays, all through the testimony of individuals or the introduction of documents. certifications and/or lien waivers) to the prime contractors to obtain payment. Mass) (Dec.

Lien 71

Lien Claims Massachusetts Contract 71

Green Building Law Blog

AUGUST 17, 2011

In a major win for the USGBC, Judge Sands dismissed Gifford, et al's Federal claims with prejudice, which means they cannot be brought again, Because the Federal claims were dismissed, the Judge also dismissed Gifford, et al's state claims for lack of jurisdiction. A copy of the Order is available here. USGBC story.

Claims 40

Claims Certification Consulting New York 40

Constructonomics

DECEMBER 15, 2013

Amazon requires LEED certification on all their new buildings, with the adoption of LEED V4 there are standards that pertain specifically to warehouses and distribution centers. The Bisnow panel on Thursday was in no shortage of hard facts to support the claim that industrial development will grow substantially in the coming years.

Industrial 148

Industrial Retail Sustainability Office 148

Green Building Law Update

JANUARY 15, 2017

That Agreement is not only required by GBCI such that a new owner is entitled to claim the building is LEED certified, but also so that the new owner can access the project on Arc. Those new owners that object to any USGBC requirements for continuing reporting of energy data to USGBC, simply choose not to report.

Green 120

Green Leases Certification Agreement 120

Construction Lawyer

FEBRUARY 3, 2014

In an unpublished opinion, an Illinois appellate court reversed a ruling by a trial court that would have applied the 4-year construction statute of limitations to an owner’s express indemnity claim against a contractor. One of the claims against the general was for breach of an express indemnification.

Claims 40

Claims Illinois Agreement AIA 40

Green Building Law Blog

JANUARY 15, 2013

In one of the more controversial aspects of the Guides, the FTC advises that: If a marketer generates renewable electricity but sells the renewable energy certificates for all of that electricity, it would be deceptive for the marketer to represent, directly or by implication, that it uses renewable energy. Guides at § 260.15(d).

Claims 40

Claims Green Commissioning Electrical 40

Green Building Law Update

FEBRUARY 6, 2022

Even a building owner not pursuing green certification can take advantage of benchmarking against specific credits within those green building rating systems (e.g., LEED, Green Globes and other third party verified green building rating systems provide certainty able to satisfy the E (environmental) in ESG for many organizations.

Commercial 156

Commercial California Green Organization 156

Levelset

SEPTEMBER 14, 2022

“If something goes wrong, liability could hit the GC’s policy, which dilutes liability insurance limits, negatively impacts their claims history, and forces them to deal with a claim that’s not really their fault.”. It serves as an additional safety net for businesses in the event of a large claim.

Insurance 98

Insurance Liability Claims Injury 98

Help Everybody Everyday

FEBRUARY 14, 2011

Government agencies are starting to require that their buildings achieve USGBC’s LEED certification. But as more and more professionals got certified and more and more buildings received LEED certification, the tests got harder and achieving a LEED silver certification on your building started to seem “ho-hum.”

Claims 48

Claims Certification Green Industrial 48

Federal Construction Contracting Blog

FEBRUARY 22, 2024

The Area Office notified a Sanford representative of the protest and requested that, within three business days, the company provide certain financial information for the five previously completed fiscal years preceding Sanford’s self-certification for the subject procurement.

Contract 98

Contract Office Certification Procurement 98

Construction Law

OCTOBER 1, 2024

Karen Gough of 39 Essex Chambers examines a recent case concerning a claim under the NHBC’s Buildmark certification and insurance scheme. A key question raised was when does time start to run for claims under the scheme; an issue needing further clarification.

Certification 40

Certification Claims Insurance Construction 40