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Less than 20% of Green Building Contracts Properly Drafted

Green Building Law Update

In a recent review of contracts involving green building construction projects, less than 20% had properly drafted provisions addressing green building matters. More than 60% of that subset was in jurisdictions with a mandatory green building law creating liability for the architect among others.

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Phase l Environmental Site Assessment Standard Being Revised

Green Building Law Update

Environmental Protection Agency as satisfying its All Appropriate Inquiry rule to obtain protections from liability under CERCLA, the federal Superfund law. Task Group, after more than a year of work, has balloted a draft revised standard and results are expected as early as next week. 9601) and petroleum products.” The ASTM E50.02

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Now is the Time to Revise your Green Building Contracts

Green Building Law Update

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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You Need a Green Building Consultant (Who Speaks for the Trees)

Green Building Law Update

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.

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You Should Not Contract With Your Environmental Consultant

Green Building Law Update

What is described here is much more than simply good drafting of consultant contacts (e.g., Third, environmental services contracts with an attorney almost always also include a broad confidentiality provision encompassing the contract itself, the scope of services, any test result, all reports (that should be only in draft form), and more.

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Professional Liability Insurance Explained

Levelset

Professional liability insurance provides contractors coverage from financial losses that happen as a result of their errors, mistakes, or negligence. In that case, professional liability insurance would generally provide the plumber with reimbursement for legal fees, settlements, and judgments.

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HRECs in a Phase l are Not Recognized Environmental Conditions

Green Building Law Update

By way of background, a Phase I environmental site assessment is the process of evaluating a property’s environmental conditions and assessing potential liability for contamination. History says, ‘see you later.’”. And in another blog post last month, I wrote, I Just Read my 1000 th Phase I Environmental Site Assessment this Year.

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