LEED Rating Pops Up In Construction Dispute

more+
less-

The LEED rating system for green buildings made a brief cameo in a recent reported opinion arising out of a construction dispute in North Carolina. The recently decided case John Wm. Brown Co. v. State Employees’ Credit Union, 752 S.E.2d 185 (N.C. Ct. App. 2013) only indirectly involved LEED, it does illustrate one of the ways in which LEED disputes may arise in a construction project.

The opinion primarily concerns whether a settlement reached between the owner and the contractor’s surety was enforceable over the contractor’s objections.

As justification for its position, the owner argued it had already treated the contractor “above and beyond being fair. . . by not seeking to back charge [the contractor] for extra work required for LEED certification.” Id. at 186.

Unfortunately, there is no other information about the nature or amount of this alleged extra work for LEED certification, or why it was necessary. The fact that it was apparently paid for by the owner despite what must have been a rocky relationship with the contractor suggests that it may have been a design issue for which the owner accepted responsibility.

We’ll never know from the opinion itself, but it does serve as a reminder that green building disputes may often have the same look and feel as conventional building disputes.

 

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© BakerHostetler | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×
×