In its "Quality and Performance Standards" promulgated in June 2008, the West Virginia School Building Authority incorporated the LEED green building certification system and introduced the concept of funding one project per year to become LEED-certified. As construction is underway on Spring Mills Primary School in Berkeley County--the SBA's first project slated for LEED certification--West Virginia schools now have a test case for whether and to what extent LEED certification will affect the construction industry. However, construction within the LEED system has been ongoing for several years--indeed, several non-school projects are certified in West Virginia--and experience suggests several issues of which the parties involved should be aware. As always, addressing these issues early in the contracting phases reduces the likelihood of litigation later.
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