In Part I of this article published in May 2009,
we reported on the American experience with legal claims arising
from the green building movement. At this time, there have still
been relatively few litigation cases and to our knowledge, no
reported cases with helpful judicial reasoning on green building
issues. However, based on experience, we expect that there will
soon be significant green building disputes making their way
through the American and Canadian legal systems.
Lessons learned from litigation often fuel new approaches in
contract drafting and construction project management, however,
prudent owners, contractors and design professionals are taking
steps now to reduce the risks inherent in construction projects
with a focus on sustainability, such as projects seeking LEED"
certification. The fact that no one participant has complete
control over the ability to achieve the desired LEED"
certification creates significant legal risk.
