In the United States, construction projects appear to be catching a ride on a green wave with the federal, state and local governments, non-profit organizations like the U.S. Green Building Council (USGBC), and professionals such as architects, interior designers and contractors leading the way. To encourage these types of projects, many states now offer green building incentives in conjunction with inducements created by local governments to spur sustainable construction in their jurisdiction. A recent example includes The American Institute of Architects’ (AIA) 2007 national convention which, in celebrating its 150th anniversary, demonstrated the profession’s commitment to this direction by choosing the theme: “Growing Beyond Green: How you can green your projects, educate your clients, and reduce the impact buildings have on the environment.” Seeing this movement on the horizon, the USGBC responded by creating the Leadership in Energy and Environmental Design (LEED) Green Building Program in 1998 to provide an independent and recognizable standard for sustainable design. The USGBC reports that there are currently at least 14,390 registered LEED projects with 1,753 that have proceeded to certification under the program. It also points out that the LEED program encompasses over 3.6 billion square feet of commercial building space and that one recent study expects the value of green construction to approach $60 billion by 2010. In addition, many consumers and tenants now demand cutting edge, energy-efficient products and buildings in order to reduce operating costs. Owners looking to obtain higher rents capitalize on these desires by developing projects that require the latest technology. As a result of these client requests, many architects and engineers, hungry for credentials in completing these types of projects, will specify the numerous innovative products coming to market to achieve green goals. However, with a lack of experience and research on these new technologies and the additional construction requirements imposed on the project team by a green mission, a claim against all parties involved in the project becomes highly probable when the outcome falls short of expectations. In recognition of these eventualities, this paper reviews one of the first of its kind lawsuits arising out of the construction of a green building. Then, it examines the possible legal bases under which green building claims may be asserted. Next, the paper evaluates the various stakeholders who may incur risk during a green project and looks at suggested methods for mitigation. Finally, it sets forth a proposal on how attorneys and stakeholders can kick off a green building project correctly and the types of concerns the legal community needs to consider when involved in such developments in order to mitigate these emerging risks
