Greenconstruction7!13!131122084741 Phpapp01

8/11/2019 Greenconstruction7!13!131122084741 Phpapp01

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Green TechnologyDavid E. Schumacher, Esquire

500 Virginia Street East, Suite 600 P.O. Box

3710 Charleston, West Virginia 25337(304) 345-4222


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Evolution of Green Building Practices or From

the Flintstones to Jefferson to the Jetsons


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EPA Definition of Green Building

Thepractice of creating structures and using

practices that are environmentally responsible

and resource efficient throughout a buildings

life cycle from siting to design, construction,

operation, maintenance, renovation and

deconstruction.


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Without incentives the greening of Americas

construction practices was carried out due to

necessity


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Flintstones

Natural local productsrock quarry and low

energyhome and auto


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Jefferson

Site location near river and transportation, self sustaining

with garden, fish pond, and ice from river with ice house

below structure. Tall windows and doors used for ventilation

with building products from site, wood, stone, limestone, etc.

Ventilation blinds on porticos and/or porches to keep out sun

and allow breeze.


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Why Green Buildings?

In the U.S. alone buildings use nearly 40% of the

energy, approaching 75% of the electricity, produce

nearly 40% of the CO2 omissions, and suggest that

green construction should be public policy andeventually required. On worldwide basis statistics

indicate that construction and building maintenance

consumed 40% of the worlds energy, 65% of all

electricity and 40% of raw materials.


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Is it here to stay?

So long as money is available or when money runs out and

fines are imposed, green will stay.

The American Recovery and Reinvestment Act of 2009

allocated billions of dollars to green building projects

including 4.5 billion dollars to convert federal buildings into

high performance green buildings.

The intention and hope is that by investing now in green

construction and environmentally friendly laws we will be

able to reduce long term costs including those to theenvironment and natural resources.


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Historically statistics suggest that the value of green buildings and

products and services in 2005 was more than 7 billion dollars. It was

estimated that the annual value of green building products and services

would increase to 12 billion dollars by 2007 with 2 billion square feet of

commercial building space having been registered or certified under the

rating system known as LEED, aka Leadership and Energy and

Environmental Design. The most recent statistics for 2010 suggest that

the value of green building products and services has reached more than

60 billion dollars. Obviously, the market for green construction has been

created by both the ideal to better the environment and future of natural

resources, the atmosphere, energy resources, etc., as well as the result offinancial incentives.


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Tax Credits

Dave Lunsford will provide examples

Las Vegas and D.C.


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Green or Sustainable Construction

Green or Sustainable Construction has

momentum not only because of user demand

for environmentally conscious structures and

thus provide opportunity for builders,

architects, etc., but also because simplified

or organized certificationprograms.


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U.S. Green Building Council, among others,

helped to launch on a large scale the desire to

pursue sustainable and high performance

buildings.


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Leadership and Energy and Environmental

Design (LEED) Program

Classifications of basic certification, silver,

gold, platinum.

USGBC was created more than 20 years ago

and there have been significant developments

within the LEED rating system since then,

including 4 primary changes, with the 4th

change presently on hold withimplementation delayed from the winter of

2012/2013 and set for the fall of 2013.


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Focus of LEEDs

The LEED rating system for green construction developed

ratings based upon the nature of the construction projects

including:

New Construction

Existing buildings

Commercial interiors

Core and shell

Schools

Retail

Health Care

Homes


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Rating system, other than that for homes,

under the LEED criteria is broken down into

categories:

Sustainable sites

Water efficiency

Energy and atmosphere

Materials and resources

Indoor environmental quality

Innovation and Design process


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Each category can provide points and credits toward

certification at different levels. Examples include, for new

construction you may obtain credits for ground fieldredevelopment or alternative transportation (sustainable

site)

Water efficient landscaping or innovative waste water

technology

Water efficiency

On Site Renewable energy sources or green power (energy

and atmosphere)

Reuse of existing building materials or recycled content(materials and resources)

Enhanced Ventilation (indoor environmental quality)


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Additionally, there are certain pre-requisites

that must be met for the project to be LEED

certified.

For example, new construction rating system

requires the project to have construction

activity pollution prevention, onsite collection

of recyclables and environmental tobaccosmoke control among significant threshold

requirements.


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The credits and points are added up so that a

score card is completed and the number of

total credits then push the building toward

LEED certification with the lowest level beingLEED certified.

Next level is LEED silver, followed by LEED

Gold. The highest form of certification is LEEDplatinum.


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While not universally accepted, the use of LEED certification is

on such a wide spread basis worldwide that the vast majority

of governments have adopted it in one form or another or

portions of it. The system provides flexibility and is

customizable, so as to allow buildings to be certified atdifferent levels and potentially to qualify for credits from local

governments or federal government depending upon the

project, based on points obtained from prior categories

described, and the building may not reach all categories orobtain points or credits from all categories.


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LEED basic categories

1. Site Consideration

2. Water conservation

3. Energy Savings 4. Material Properties

5. Indoor Environment

6. Innovative Practices (included as apotential credit or point maker)


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Again, all 5 primary categories contain certain

prerequisites that must be met before points

can be earned.

For example, certain minimum standards of

energy efficiency must be met before any

energy saving credits may be earned.


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Secondly, because some environmental issues

have been deemed more important or having

greater potential impact than others, the LEED

point system is weighted in favor of those withgreater impact.


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It Aint Easy Bein Green
http://www.youtube.com/watch?v=z4ZxxHbJGbYhttp://www.youtube.com/watch?v=z4ZxxHbJGbY


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Impact of Green Building Initiatives on Construction Defects or

It Isnt Easy Being Green

Increased liability exposure from green construction arises

from at least 2 issues that exist because of the cuttingedge

status of green construction and products used in green

construction.

There really is, as of this time, no universally accepted

standard for what qualifies as a green or sustainable building.

Secondly, there is an increased risk of heightened

expectations on the part of the end user or, in particular, the

owner of the building with regard to the results.


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Green = Defect Free?

Sustainable = Less Maintenance?

Sustainable = Longer Life than ConventionalConstruction?

Expectations regardingenergy savings-

subjective comfort-enhanced indoor air

quality.


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Aggressive marketing (negligent

misrepresentation/intentional

misrepresentation/deceit/ fraud in

inducement/unfair competition claims) ofgreen buildings due to demand, incentives,

and now potentially penalties.


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In essence, each separate characteristic of

greenconstruction can lead to claims which

might not have been available under standard

construction (sustainable building sites/waterefficiency/energy conversation/atmospheric

impact/effective use of materials and

resources/indoor environmentalquality/creative design?)

Stricter regulations or changing from


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Stricter regulations or changing from

the carrot to the stick.

LEED program as voluntary compliance program or guidelines

for creating a better world.

Stimulate better world by government related initiative such

as tax credits or other non mandatory means of encouraging

green construction.

Local (state/county/city) statutes, regulations and ordinances

incorporating portions of green construction including LEED

program either in part or wholly by simple reference to the

change voluntary to regulatory


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Prima Facie Negligence?

Interpreting LEED when incorporated wholly

within local statute or regulation.

LEED vs. Green Building Initiative vs.

International Green Construction Code, etc.

evolving regulations and evolving LEED?

moving targets.


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Increased Exposure to Damages Due to Failure

to obtain desired tax credit or for LEED

classification with penalties available under

local statutes?


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Impact of LEED

USA TODAY video

Green Building Lead Certification
http://www.usatoday.com/story/news/nation/2012/10/24/green-building-leed-certification/1650517/http://www.usatoday.com/story/news/nation/2012/10/24/green-building-leed-certification/1650517/


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Measuring a Buildings Impact

Leadership in Energy and Environmental

Design (LEED)Third-party program to verify

green building projects


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Different point systems for different

construction types


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Different point thresholds for various LEED

certification levels

For LEED buildings:

Certifed = 40-49 points

Silver = 50-59 points

Gold = 60-79 points

Platinum = 80+ points


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To qualify as a LEED building, it is necessary to

meet the point requirements and pay the

requisite fee.


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Buildings can earn credits in a variety of areas:


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Sustainable site credits encourage strategies

that minimize the impact on ecosystems and

water resources.


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Water efficiency credits promote smarter use

of water, inside and out, to reduce potable

water consumption.


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Energy and atmosphere credits promote

better building energy performance through

innovative strategies.


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Materials and resources credits encourage

using sustainable building materials and

reducing waste.


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Indoor environmental quality credits promote

better indoor air quality and access to daylight

and views.


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Why Follow LEED Standards?

Policy considerations

Reduce environmental footprint

Conservation

Tax Considerations

Governments have supported these policies by

providing tax incentives for choosing green

construction instead of traditional construction Potential penalties at a later point (local

regulations)


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Sustainability Explained

http://www.youtube.com/watch?v=B5NiTN0c

hj0
http://www.youtube.com/watch?v=B5NiTN0chj0http://www.youtube.com/watch?v=B5NiTN0chj0http://www.youtube.com/watch?v=B5NiTN0chj0http://www.youtube.com/watch?v=B5NiTN0chj0


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Green Building Defect and Design Claims

Proper Training

Training (Site Development, Water efficiency, Energy Efficiency, Material Selection, Indoor environmental

quality, innovation in Design)

A lack of Knowledge about the various factors involved in green design can lead to potential legal liability.

Contractor should hire a BUILDING COMMISSIONING AGENT.

New technologies and materials enhance potential legal problems.

Occupant training is also paramount.
http://www.google.com/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&docid=CCaPd6uyMqAfQM&tbnid=6n5HfOmwxUCA8M:&ved=0CAUQjRw&url=http%3A%2F%2Funderstandmennow.com%2Ftough-guy-too%2F&ei=WfHSUcS9JceN0QGN7YG4Bg&bvm=bv.48572450,d.dmQ&psig=AFQjCNHaW1aIGAksn9zPPCcV6rNHC8IVBw&ust=1372865238751589http://www.google.com/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&docid=4jR6bgRPlN4JyM&tbnid=fyu1Qzl8I5DRhM:&ved=0CAUQjRw&url=http%3A%2F%2Fwww.headcount.org%2Fdead-heads-not-so-dead-in-the-head%2F&ei=9vDSUZWzCIr90gHylIDQBA&bvm=bv.48572450,d.dmQ&psig=AFQjCNGVPvBWee7_JLBM5u2Lm4bwqNaGog&ust=1372865131683599


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Construction Oversight

Proper Construction Oversight

Owner, bid, build

Owner, selection, teamwork with contractor and

primary subcontractors
http://www.google.com/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&docid=u2TmKrZ6tptcrM&tbnid=ZvijvUeTFRaWwM:&ved=0CAUQjRw&url=http%3A%2F%2Fwww.karlabrandau.com%2Finspiring-motivating-keynotes%2Fthe-prize-discretionary-effort&ei=yPHSUfvtJuXN0wGN14CgDQ&bvm=bv.48572450,d.dmQ&psig=AFQjCNH9d9Oy0aEMCGDK_3ggg7Lg7hs68w&ust=1372865343389627http://www.google.com/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&docid=VWb87HQLY8W_RM&tbnid=5yoQilR-7pNMTM:&ved=0CAUQjRw&url=http%3A%2F%2Fcatholicbygrace.blogspot.com%2F2010_07_01_archive.html&ei=pfHSUYfSNMXv0gH9-oAQ&bvm=bv.48572450,d.dmQ&psig=AFQjCNGb4RY6YOZRc1C66QLg02lnfjBEmw&ust=1372865311067466


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Guarantee or warranty in place

New Technologies hemp, bamboo, clay, reeds, cork

Tax creditsperformance; municipal, state, federal
http://www.google.com/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&docid=tm2odvyFrd1OQM&tbnid=K_vhfXTPTz3wdM:&ved=0CAUQjRw&url=http%3A%2F%2Fjum.lt%2FWarranty-And-Terms%2F&ei=V_LSUZTrJZS70AHP5IHIDg&bvm=bv.48572450,d.dmQ&psig=AFQjCNFpvtK1_Lmj4ZV8e_S9f0YFu_i6dQ&ust=1372865491789551http://www.google.com/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&docid=LvR7oRpXCWNHYM&tbnid=_nS_F5oqHeTHrM:&ved=0CAUQjRw&url=http%3A%2F%2Fwww.complexions.com%2Fenvironment%2Fgreen-partners-awards-certifications%2F&ei=BPLSUcWXGoPR0gGK0IDABg&bvm=bv.48572450,d.dmQ&psig=AFQjCNE7sqOQtkL0PiQYxDQgj_jhSk1dvw&ust=1372865399217235


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Construction Delays

Construction Delays: reasonable or unavoidable (Shaw

Development v. Southern Builders)

Mechanics lien

Time of the essence
http://www.google.com/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&docid=kuEY5Y8D2DvcPM&tbnid=EO0L_L0Fj68ouM:&ved=0CAUQjRw&url=http%3A%2F%2Fdailybail.com%2Fhome%2Fdrunken-bernanke-tells-everyone-at-neighborhood-bar-how-monu.html&ei=L_PSUfSDIMH30gGhvoCoDQ&bvm=bv.48572450,d.dmQ&psig=AFQjCNEP42Ql_pV9HdkaOJNjZt2eDg5i0A&ust=1372865699909340http://www.google.com/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&docid=JqeAlaCcudW-eM&tbnid=iWn990uV-a7HpM:&ved=0CAUQjRw&url=http%3A%2F%2Fpatriotupdate.com%2Farticles%2Freal-american-heroes%2F&ei=wPLSUdKYCcaO0QGvs4CoDA&bvm=bv.48572450,d.dmQ&psig=AFQjCNHfI0XGa9BLv5TrAA-g1bKtGQ5M0Q&ust=1372865591256935


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New Standard of Care?

Should a design professional be held to a new standard of care?

Higher

Lower

Comparative Negligence

M bl B fit
http://www.google.com/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&docid=T4j0ii3YlxkAwM&tbnid=bfFW-QnFod-SEM:&ved=0CAUQjRw&url=http%3A%2F%2Fwww.hermanmiller.com%2FAbout-Us%2FEnvironmental-Advocacy%2FGreen-Buildings&ei=m_PSUeZZx8zTAdilgdAC&bvm=bv.48572450,d.dmQ&psig=AFQjCNHJ9-LurG8Sw5jHXcearWxWSgwlFg&ust=1372865810370462


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Measureable Benefits

How to measure and document green performance claims for accuracy

(Site Development, Water efficiency, Energy Efficiency, Material Selection, Indoorenvironmental quality, innovation in Design)

Centralized computer reports

Designer v. Contractors v. Occupants

P t ti l P bl d Th i f
http://www.google.com/url?sa=i&source=images&cd=&cad=rja&docid=GBo9YYca1zd0VM&tbnid=hHJoso7wi7XohM:&ved=0CAgQjRwwAA&url=http%3A%2F%2Fwww.thedailytissue.com%2F2011%2F11%2F30%2Fscott-walker-requires-money%2Fdollar-signs%2F&ei=AfTSUeWEE6LI0QG96YCgAg&psig=AFQjCNFMgTAEzQg83BMsFe-GBgHvUG9YDQ&ust=1372865921434486


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Potential Problems and Theories of

Liability
http://www.google.com/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&docid=VKD_5UpoD5rvtM&tbnid=RDqNLvX5OWIEjM:&ved=0CAUQjRw&url=http%3A%2F%2Fspeedydaddy.com%2Fstudy-shows-car-buyers-most-influenced-by-car-salespeople%2F&ei=fEbUUZTUM8uw0QGhyICQBA&bvm=bv.48705608,d.dmQ&psig=AFQjCNGPefX2V5cm8e80CngBdziY4tODfw&ust=1372952535285351


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LEED Certification as a guarantee?

Voluntary vs. Regulation Imposed

Terms of Contract

Warranty/Guarantee/Theories of Liability

Warranty regarding products used and additional

parties exposed to liability (manufacturers, etc.)

misrepresentation

Aggressive marketing

St t l P bl ith


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Structural Problems with green

roof Products

Early green litigation regarding product

Chesapeake Bay Foundation, Inc. v. Weyerhaeuser Co.

One of the very first LEED platinum rated buildings in the country.

Parallams beams made from wood waste environmentally neutral coatings for sealants-statute

of limitation issues

Roofs variety of functions-shielding building from sun/wind/rain Insulation from external temperature fluctuation

Directing water run off

Providing working platform for important mechanical equipment

Due to variety of functions the environmental benefits of roof can be found in nearly every LEED

category however LEED emphasizes environmental benefit without an equal concern for durability

EX: building owner or designer can achieve one LEED point for painting the building roof with

reflective coating even though the coating may last less than 5 years. At the same time there may beno credit available for the selection of a high performance but non reflective roofing system that may

be designed and warranted for 30 years.


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Design defect

Architects/Contractors


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Learning Curve Issues

Learning curve issues with new products,

technologies and design, particularly roofing

materials.

Historically repair costs support the conclusion thatperformance of any building envelope system

including roofing systems tend to improve as the

industry gains experience with that system

incentive by LEED to favor new technologies thatmay not yet offer optimal performance regarding

durability.


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Sustainable products based on energy issues

under LEEDs criteria may provide minimal

durability when compared to currently

available high performing roofing systems.


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Life Cycle Analysis

Green product delays

Not only is there a learning curve with any

new product or technology, but often new

products and technology are, at least initially,

available in limited supply and, due to

improved technology or understandings of the

limitations of the new technology areavailable during a limited period of time.


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Additionally, new product manufacturers may

themselves exist for a limited period of time

causing further delays.

Additional expenses involved in new green

materials or green products made from green

materials.


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Guarantee of Healthy Workplace

LEEDs rating system has been promoted and contained substantial criteria

regarding superior habitability of LEEDs compliant building essentially

claims that if certain criteria are met under LEEDs the building design and

construction will be superior to those not followed by LEEDs providing a

healthier environment for inhabitants and users much more

environmentally sensitive and more importantly energy efficient noteinteresting case regarding USGBC itself filed in Oct. 2010. Gifford v.

USGBC, et al. false advertising, consumer protection claim and unfair

competition and business practices showing divergent claims available

(turned into standing issues regarding plaintiffs lacking same) Note

language from case The LEED certification process does not assess theactual environmental performance for any structures for which

certification is sought or granted, but certifies they were designed in a way

that they should result in better performances.


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Note that purpose of the promotion and

advertisement of LEED by USGBC was to

encourage the expanded use of this

certification system.

Court adopted the defense set forth by USGBC

in its statement that LEED was and is aimed

at improving environmental performance anddoes not assess actualperformance


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Use of BIM in Green Buildings

BIM (Building Information Modeling)

Integrating and Coordinating Architects,

contractors, and owners desires in green

building requirements though coordination of

all aspects of construction.

Damage to Reputation from


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Damage to Reputation from

Greenwashing Greenwashing refers to misleading and inaccurate information

provided by contractor/architects/engineers, etc. in order to

create a green image.

Generally results from overpromising by builders, designers,

contractors or suppliers

Outright misleading of consumers

Note: recent products offered by carriers including green

reputation coverage

Aimed at situation where increased public scrutiny and

negative media coverage result from a building failing to meet

required industry standards.

Common Defenses in Construction


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Litigation

Statute of Limitations

Failure to Mitigate Damages

Failure to Maintain

Betterment

Performance According to Design

Third Party Liability



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Litigation

Opportunity to Cure Defects within 60/120

Day Window

Timely Notice to Contractors

Comparative Negligence (Depends on State)

Less-Than

50-50

Pure

Contributory Negligence (Depends on State)


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Insurance Law Insurance Law - coverage / no coverage / endorsements

Architect

Contractors

Owner of Building

Ex. Target burned down.
http://www.google.com/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&docid=kkoRaa8eyeDk3M&tbnid=Vw6eZx9IWVOOcM:&ved=0CAUQjRw&url=http%3A%2F%2Fwww.usersfirst.org%2Fresources%2Fmobilitymap%2Findex.php%3Fpg%3Dkb.page%26id%3D1549&ei=ARfTUfblA6Tb0wHByYDoAg&bvm=bv.48705608,d.dmQ&psig=AFQjCNGt-pr6HRZ9mYEvieYbg6waaK_9ZQ&ust=1372874877505182


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Contract Law

Contract Law - paramount

Coverage?

Damages - Are the damages loss of Gold, or cost of bringing that up to theGold standard?
http://www.google.com/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&docid=eMvMQ0U5_UoN-M&tbnid=DN3fT-Iu7EDc_M:&ved=0CAUQjRw&url=http%3A%2F%2Fwww.mastershield.com%2Fleaf-guards-where-do-i-begin%2F&ei=exfTUeOAIanC0QHE64F4&bvm=bv.48705608,d.dmQ&psig=AFQjCNEmhCiEkzbNbDY8krCwBSZlcxnWjA&ust=1372874979262364


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Tort Law

higher loss exposure to fire / mold
http://www.google.com/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&docid=5kSMZ0xfb41I8M&tbnid=2bWXFJSdQXyaQM:&ved=0CAUQjRw&url=http%3A%2F%2Fwww.ugo.com%2Ftv%2Fhot-girl-mechanics-luanne-platter&ei=4a7mUfOABrDc4AP82oCYAw&bvm=bv.49405654,d.dmg&psig=AFQjCNEh3L6AD288kN7O0NJ24ep6aQmvMQ&ust=1374158935836651http://www.google.com/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&docid=Ptz2mnu05kVUtM&tbnid=lV_UWWSY5yTDuM:&ved=0CAUQjRw&url=http%3A%2F%2Fwww.nydailynews.com%2Fentertainment%2Fgossip%2Fphotos-pictures-brittany-murphy-movie-surface-abandoned-director-pro-article-1.433397&ei=pq7mUYihKsWs4APu-IHwBw&bvm=bv.49405654,d.dmg&psig=AFQjCNGa963MGugxmte_Yzkzz_EQMergVQ&ust=1374158864252477


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Warranty Law

Express/ Implied

EX. Vegetative roof leak

Damages Is the product not working, or did the product damage

something? Product claim or did the product cause a diminution of value or causethe owner to evacuate the building.
http://www.google.com/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&docid=1MbDbFJDHetZAM&tbnid=Ig6V1TRY02hR6M:&ved=0CAUQjRw&url=http%3A%2F%2Fscience.howstuffworks.com%2Fenvironmental%2Fgreen-science%2Fgreen-rooftop.htm&ei=Fm7UUdOwEoPz0gG2_oG4Cg&bvm=bv.48705608,d.dmQ&psig=AFQjCNEV7-eFK4n6zpCKn9i4hj-raDqFGg&ust=1372962691970497


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Negligence and Economic Loss Rule

Negligence

Duty of Care

Breach of Duty

Causation

Damages


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Duty of care is a legal obligation imposed on

an individual requiring that they adhere to a

standard of reasonable care while performing

actions that could foreseeably harm others. Each person has a duty to do what a

reasonably prudent person would do

in the same or similar circumstances.


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Breach of Duty occurs when the Probability of

loss and the amount of loss outweigh the

burden that could have been taken to prevent

the loss.


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Causation is a two-part inquiry

First, a Defendants action is a cause in fact if the

Plaintiffs injury would not have occurred but for

the Defendants action. Second, a Defendants action is a proximate cause

of the Defendants injury if it was foreseeable that

the Defendants breach of his or her duty would

cause injury.


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Damages place a monetary value on the harm

done. They are compensatory in nature and

seek to Plaintiff in the situation he would have

been in but for the harm.


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Direct damages are damages that are directly

out of the Plaintiffs pocket.

Ex: Repair of damaged portion of building

Consequential damages are damages that areindirectly out of the Plaintiffs pocket.

Ex: Lost profits for business closure during

renovation. Generally, consequential damages are not available

unless specifically included in a contract.


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The majority of States allow a party who

suffers only economic losses to only pursuant

to contract law theories.

A minority of States allow a party who suffersonly economic losses to recover under tort

theories.


75/76


Check your local jurisdiction to see if the

economic loss rule applies in your State.


76/76

Conclusion

Green Construction is a growing aspect of the

construction industry with many potential

liabilities to assess during the construction

process.

Greenconstruction7!13!131122084741 Phpapp01

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