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LEED & Construction Litigation

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What is LEED?
LEED, or Leadership in Energy and Environmental Design is a certification system developed by the United States Green Building Council (USGBC) that allows building owners and operators to implement measureable green building design, construction, and operation techniques.  LEED promotes sustainable “green” building and development practices on an international scale.

From LEED to Litigation
The development of the LEED rating system has encouraged many public and private developers to pursue LEED certification in their buildings for the benefit of their tenants, employees, and potential buyers.  In recent years, several types of construction litigation cases have evolved stemming from the intent to build green. They include:

Bid Protests – Municipalities are putting projects out for bids and proposals with requests for submitters to follow LEED requirements. There have been several instances where submitters challenged the municipalities’ rights to request these requirements or the municipalities improper awarding of contracts.

Code Challenges – Developers have filed suits challenging the code requirements of certain municipalities that have adopted green construction standards. These cases include developers suggesting the new code regulations inhibit their abilities to compete certain projects.

Failure to Obtain LEED – Several cases have developed through entities promising or claiming LEED certification for projects, then not following through.  The suits include claims that either the project never obtained a LEED certification or that the building is not performing to the levels under which it was marketed.

Costs of LEED – Building owners and developers have brought cases claiming that obtaining LEED certification cost them more than originally promised by architects and/or contractors.

How CED Can Help
CED employs multiple civil and mechanical engineers that have a vast experience in building design and construction systems, including a LEED Accredited Professional (LEED AP).  CED engineers are very familiar with building code interpretation and implementation. They are experienced in the LEED certification process and have been involved in the design and certification of multiple LEED certified projects. Finally, CED engineers have experience in cost estimating, and are familiar with new sustainable design products and practices. CED can provide expert analysis for any claims that arise involving the LEED design, construction, or certification process. 
Give us a call at 800.466.1090 to discuss how we can help you specifically.

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