When “Green” Turns to “Red” and “LEEDS” to a Summons and Complaint: Potential Liability on Green ProjectsOn April 16, 2009 by Schnader
Ronald S. Cusano, a partner in the Firm’s Pittsburgh office, participated in a panel discussion at the American Bar Association’s Forum on the Construction Industry. Mr. Cusano and the panel discussed potential liability and performance issues resulting from LEEDâ„¢ or sustainable, green projects, what issues are being tried in the LEEDâ„¢ lawsuit, and what construction litigators must do to prepare themselves to try this type of case. The speakers also covered the applicable standard of care, how the contract documents allocate responsibility for compliance and certification on the designer or contractor, the consequences of failures to obtain LEEDâ„¢ certification, and appeal procedures for certification failure. Finally, the panel discussed potential “Daubert” challenges of those claiming to be experts in LEEDâ„¢ or green/sustainable building methods and practices.