We invite you to view the documents below to learn more about the green building legal issues facing nonprofit community organizations, and more:
Risks and Legal Issues to Consider When Pursuing a Green Building Project
Tips on Drafting Green Contracts
Useful Articles Discussing Legal Issues:
The following is a list of articles that provide useful commentary and analysis of the major legal risks and issues facing green building projects and how to address them:
- Mary Jane Augustine, Project Owner Strategies for “Greening” Design and Construction Contracts, The Green Real Estate Summit 2009: What Attorneys, Developers, Bankers and Lenders Need to Know, Practising Law Institute, 565 PLI/Real 121, March, 2009. This article discusses many important considerations for attorneys that draft construction contracts for green building projects and is one of the only works that we have found that shares sample contract language to address green legal risks
- Kate Bowers and Leah Cohen, The Green Building Revolution: Addressing and Managing Legal Risks and Liabilities, Report published by the Harvard Environmental Law & Policy Clinic and sponsored by Manko, Gold, Katcher & Fox, available at http://www.mgkflaw.com/Green%20Building%20Revolution.pdf, March 2009. The report briefly touches on the benefits and costs of green building and lists the risks facing different parties associated with a green project. It also discusses bases for potential liability for each party and makes recommendations to mitigate risks.
- Peter S. Britell and Smita G. Korrapati, What Does ‘Green’ Mean, New York Law Journal, June 11, 2007 at 9 (col. 1). This article discusses issues facing transactional lawyers that are involved in green development. It demonstrates potential problems and possible solutions through a hypothetical project.
- Jeffrey S. Conner, Managing the Risks of LEED Certification, Los Angeles Lawyer, January 30, 2008, at 10. This article provides background information on USGBC’s LEED system and discusses the issues that are unique to owners, design professionals and contractors working on green buildings.
- Meredith Dubarry Huston. Sustainable Building: Anticipate Potential Liability to Manage Risk, The Legal Intelligencier, June 19, 2008 at 5. This article highlights the major categories of legal risks facing different parties involved in green building projects, such as new mandates and failure to achieve green outcomes, and very briefly suggests mitigation strategies.
- Shannon D. Sentman, Esq., LEED AP, Greening the Documents: Design and Construction-Related Contracts, The Green Real Estate Summit 2009: What Attorneys, Developers, Bankers and Lenders Need to Know, Practising Law Institute, 556 PLI/Real 163, March, 2008. This article analyzes several of the unique risks of green building projects and suggests risk management strategies.
Helpful Green Building Websites
Green Building Legal Blogs