LEED Credibility Challenged– UPDATE

[This article was originally posted on June 10, 2010]

A group of local citizens, designers, and school board Building Committee members in Eagle Ridge, Wisconsin has issued a statement expressing their belief that LEED certifications are now suspect, following the failure of the USGBC to withdraw LEED Certification from the Northland Pines High School.  The group had appealed a decision to dismiss their claims that the LEED Gold certification for the school should be revoked, despite clear evidence which, they claim, shows that the building did not meet specific ASHRAE Standards, which are prerequisites to getting a LEED (green) building certification.

 They call into question the value of LEED certification if there is no verification of a purported building’s “green” credentials.

 You can download their statement of concern “USGBC and LEED Credibility Destroyed”.

  As previously mentioned on this blog, there is no clear idea of how the Courts would treat any LEED-specific claims.  Yet.  Stay tuned.

 UPDATE:  This afternoon, the USGBC has issued a statement standing by their findings:

LEED’s intent, and USGBC’s mission, is about helping people learn about and understand how to design, build and operate better buildings.  Buildings are complex systems of systems and any of the 100,000 of decisions associated with design, construction and operation can always be second-guessed. We are confident that our due diligence has been more than sufficient to put these issues to rest, and we are moving forward to focus our efforts where they do the most good — advancing the market uptake of green buildings and communities that is at the heart of our work

The full statement and commentary can be reviewed at Chris Cheatam’s article “Breaking: USGBC Stands by Its LEED Challenge Decision.”

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.