"green concern"

Disputes can increase as green building grows

Dec. 24, 2010 - More building owners are trying to construct properties that can obtain LEED certification — the environmental stamp of approval from the U.S. Green Building Council. Adam Richie, a construction attorney with local law firm Coats Rose, is seeing reason for "green concern." Richie recently spoke to the Chronicle's Purva Patel about disputes that can arise when green intentions go awry. The following are excerpts from that interview.

Q: Who is responsible if a property doesn't meet LEED certification?

A: That's the million-dollar question. It's a complete amalgamation of responsibility by several parties. It is a fact-intensive effort to determine who dropped the ball. Generally it will be a design problem or a construction problem. If a contractor took a critical construction material required and substituted a less expensive product that will now prevent the property from getting certification, that's one example of a party that could be at fault. Or maybe the architect didn't design efficient HVAC equipment into the project, so the design failed to meet standards. It really depends on the nature of the problem.

Q: What's at stake if a building doesn't get certified? {continued}