As builders, developers and architects begin building green, their lawyers need to know how to avoid risks and anticipate likely litigation. Lawsuits and liabilities will arise as inexperienced parties undertake green building projects and their new expectations are not met.
For example, a lawsuit arose in 2007 on Maryland’s Eastern Shore out of a multimillion-dollar condominium project. The project was seeking Leadership in Energy and Environmental Design, or LEED, silver certification from the U.S. Green Building Council, or USGBC. In a counterclaim, the development company sought recovery of $635,000 in lost tax credits under a Maryland tax credit program, alleging that the builder never complied with the contractual LEED requirements.
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