As the contractual adoption of environmentally related requirements becomes

more common, as the result of increasing financial incentives, market forces

driven by sustainable building benefits, and government mandates, issues as

to whether the finished product comports with the applicable standards will

surely follow. Potential liability flowing from green building standards can be

expected to become an increasingly important issue in everything from the

clarity of design documents, to inspection and supervision responsibilities, to

standards of care, to insurance coverage, to warranty obligations, and to the

propriety of the certification procedure. Raymond Daniel Burke outlines some of new obligations and potential

liabilities for contractors involved in green construction projects.