Revised LEED Certification Challenge Process and Statute of Limitations

Sustainability and Building Science 1 Minute

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.

Published by Brian L. Hill

As Director of Consulting Services for Xpera Group, Brian L. Hill connects clients to the diverse range of experts, technical specialists, tools and other resources that the firm has to offer in order to solve complex building performance issues. He is also the editor and publisher of AECforensics.com, which dissects the latest news and information impacting quality and risk management in the built environment.

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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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