Great Article By Green Real Estate Law Journal
Stephen Del Percio does a great job of analyzing the current state of green litigation, or lack thereof, in response to my piece on the same subject from last week on the Green Real Estate Law Journal.
He makes a particularly interesting point about the statute of limitations:
In my experience, plaintiffs will typically wait until they are up against the controlling statute of limitations before commencing a lawsuit. Here in New York, the applicable statutes of limitation for many of the causes of action under which green building liability may arise (such as negligence and breach of contract) range from three to six years. When you consider that LEED Version 2.2 only went live on January 1, 2006, many of the LEED-related green building claims that have been suggested to date remain well within the statute. This could be a significant reason why both LEED- and green building-related litigation will remain on the horizon for the near future.
Many thanks to Mr. Del Percio and Mr. Cheatham for their insightful thoughts sparked by my piece.
Shari focuses on energy, environmental and building code policy, representing international companies, non-profits and trade associations in their policy and communications campaigns
