An article by Seyfarth attorneys David Blake, Christa Dommers and Michael Bauer was published in Bloomberg BNA’s January 24 Real Estate Law & Industry Report. In the article, the authors outline several significant lawsuits on green building for the commercial real estate sector. The topics of cases covered include challenges to laws when local and federal policies conflict, bid protests by general contractors, the failure to obtain LEED certification, LEED certification obtained with deviations standards, the effect of delay on required environmental standards, and the concept of irreparable harm with respect to green projects.
In sum, the authors conclude that the cases covered in the article “are likely the tip of the iceberg, as it seems that ‘green’ disputes will only increase as the real estate and construction industries climb out of the ‘Great Recession’ and sustainability becomes the rule instead of the exception. The outcomes of these cases and others that continue to arise will assist all professionals involved in green development, construction, leasing and lending with appropriate predicates for contract drafting and remedies in the event things go wrong in the process.”
Here is copy of the full article, “Developments in ‘Green’ Litigation at the Dawn of the Era of Sustainability.”