Avoiding LEED Litigation

Considering the following rules and guidelines during contract signing can help your company avoid Leadership in Energy and Environmental Design (LEED) related litigation after a project.

• Don’t rely on form construction agreements for green projects.
• Exercise heightened caution and scrutiny during the course of negotiations for all aspects of design, material selection, material purchase and green construction work.
• Make sure each party to the project has a thorough understanding of the existing legislation and regulatory framework that is applicable to their work scope obligations on a green project, and account for it in the contract documents themselves.
• Make sure that your designer/consultant/contractor/legal team are LEED accredited, experienced and capable of providing the services needed for the project.
• Clearly define the project’s green related aspirations, expectations and requirements in the contract documents.
• Clearly define who is responsible for providing green construction oversight, observation and reporting obligations on the project.
• Clearly define who is responsible for investigating green products and systems, their availability, purchase and installation.
• Clearly define which party will be responsible for preparing, tracking, collecting, assembling and submitting certification documentation to USGBC.
• Clearly define who is responsible for a failure to achieve a LEED certified goal or objective.
• Clearly define who is responsible if LEED related design criteria results in a construction failure or other consequential damages.