Green construction is all the rage among legislatures, regulators and the building industry. Incentives and mandates abound at the federal, state and local level, but so too do risks of failure to meet the certification standards when all the dust settles after construction is complete. The Harvard Law School Environmental Law and Policy Clinic recently released an interesting white paper regarding the legal risks arising in the construction of green buildings, including litigation alleging negligence and fraud, violation of consumer protection laws, and loss of tax benefits due to failure to meet certification standards. For more information, see the New York Times online story, or the white paper itself.
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