Documentation Drafting Liability 
Green Building Law Update
OCTOBER 2, 2016
In a recent review of contracts involving green building construction projects, less than 20% had properly drafted provisions addressing green building matters. But such was not the case, The errors in the contract documents, most simply put, were all over the board. Only 1% used the ConsensusDOCS Green Building Addendum.
Green Building Law Update
APRIL 3, 2016
And that litigation predated the increased liability associated with materials including the new largely untested EPDs and HPDs. It is beyond dispute that the best way to mitigate risk in a sustainable project is a properly drafted contract. Just over 50% of those contracts had any meaningful sustainable project specific language.
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Green Building Law Update
AUGUST 13, 2017
What is described here is much more than simply good drafting of consultant contacts (e.g., Be aware, however, only where the document or communication is primarily concerned with legal assistance does it come within the attorney-client privilege. And fourth, the client should not have knowledge of certain environmental facts.
Green Building Law Update
APRIL 3, 2016
And that litigation predated the increased liability associated with materials including the new largely untested EPDs and HPDs. It is beyond dispute that the best way to mitigate risk in a sustainable project is a properly drafted contract. Just over 50% of those contracts had any meaningful sustainable project specific language.
Green Building Law Update
JUNE 18, 2017
Those responses are not inconsistent with and, in fact, should be considered concomitantly with the conclusion, having worked on LEED projects since 2001, that the second best way to mitigate risk and avoid liability in sustainable building is a green building consultant working for the owner.
Green Building Law Update
AUGUST 8, 2015
Substantively the case suggests there is no more liability arising from green building versus other construction, but that the liability is different. Those interested in the procedural history of this case may look to my earlier blog post Litigation Over First Ever LEED Platinum Building.
Green Building Law Update
AUGUST 8, 2015
Substantively the case suggests there is no more liability arising from green building versus other construction, but that the liability is different. Those interested in the procedural history of this case may look to my earlier blog post Litigation Over First Ever LEED Platinum Building.
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