Revised LEED Certification Challenge Process and Statute of Limitations

Yesterday afternoon, I noticed that Tim Hughes, a construction lawyer with Bean Kinney, had some news regarding the LEED certification challenge process:

“I went to write a quick note on this for the Washingon Business Journal yesterday and was adding a link to the policy manual.

2 thoughts on “Revised LEED Certification Challenge Process and Statute of Limitations

  1. Glad to see this issue resonating! I will post my comment from our discussion on this topic for your folks too:

    Very interesting question Brian, and one that likely gets state specific. The issue would be I could see decertification triggering a damage claim after project completion.

    Under Virginia law, it probably (probably) would not make a different, but other states may look way different. For example, some states have the limitations clock start when the plaintiff knows they have a problem (a "discovery trigger"). A state where this was viewed as a latent defect that uses a discovery trigger, this type of late occurring event could extended the limitations period dramatically

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