Recently, the U.S. Green Building Council (USGBC), the major entity responsible for the rapid proliferation of green design and building techniques throughout the United States through its LEED rating system, published a white paper on legal risk. The paper, entitled The Legal Risk in “Building Green”: New Wine in Old Bottles? A USGBC Panel Discussion, sought to calm the growing populous in the design and construction community who have become increasingly concerned (and in some instances vocal) about the greater risk exposure on green construction projects, particularly those seeking a LEED rating. Even more particularly, concern has focused on instances where those LEED ratings are tied to incentive programs, whether at the federal, state or local level.
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