Green Design | Legal risks to designing a Construction project for LEED certification (take 2)

As I noted in an earlier post about risks related to designing buildings for LEED certification, those involved in construction should proceed cautiously in designing to certain LEED standards.

A recent Insurance Journal article discusses insurance and liability risks for a designer or contractor if he guarantees a certain level of “green” performance in his construction contract.

“If you’re an architect, engineer, or contractor, and you’re guaranteeing to your client that the building will be Gold certified by the U.S. Green Building Council, you’re opening up a pretty big can of worms.”

You should never “guarantee” any performance to keep your risks minimized, your insurance in place, and your attorney happy. This article is another reminder to be especially cautious in green construction, and to not make promises that you may not be able to keep.

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