Did you know that until recently anyone could challenge a certification issued under the Leadership in Energy and Environmental Design program of the United States Green Building Council? Did you know it could occur at any time, and be related to any point or prerequisite? Did you know that such a challenge could result in loss of specific credit points or even loss of a certification under LEED? div id="articleExtrasA" div id="articleExtrasB" div id="articleExtras" Many people were not aware of the LEED challenge process until it erupted onto the national landscape as a result of a controversial challenge on a
Recent decisions in a Chinese drywall case in Virginia highlight the challenges builders and contractors face in acting responsibly while preserving potential insurance coverage. The case points out that contractors need to know the terms of their policies. div id="articleExtrasA" div id="articleExtrasB" div id="articleExtras" The Case: Builder’s Mutual v. Dragas Management Dragas Management of Virginia Beach, Va., had multiple liability and umbrella policies with Builders Mutual Insurance Co. and Firemen’s Insurance Co. of Washington, D.C. The underlying liability policies all contained language which required the insurers to pay damages, which the builder “became legally obligated to pay” because of bodily
On April 8, 2010, seven Virginia families were awarded $2.6 million in damages by New Orleans federal Judge Eldon Fallon in the pending Chinese Drywall class action litigation. This significant verdict permitted recovery of extensive elements of the claimed damages and made some potentially damaging factual findings. Taking a deeper look at the case highlights the critical importance of understanding applicable law. Crossing a border from one state to a neighbor can have a tremendous potential impact on the legal landscape, rights and risks that attach to a construction project. Findings, Reaction The judge�s opinion contains a number of interesting
Many contractors may face increased scrutiny and risk associated with using “independent contractors” to perform work on their jobs. While hiring subcontractors is an appropriate selection, some businesses attempt to save payroll taxes and withholdings by designating individuals who are, in essence, employees as independent contractors. Given the current tax and funding shortfalls, various federal and state regulatory entities are focused on closing these loopholes and enforcing regulations designed to present false or fraudulent classifications. Regulatory and Statutory Action Abuse of independent contractor status continues to get significant regulatory and legislative attention. Critics of this practice argue that misclassifying employees
The U.S. Green Building Council has made changes to its well-known Leadership in Energy and Environmental Design program. These changes respond to historical questions relating to energy performance of LEED certified projects. They not only contains hints of where the LEED program may be heading in the future, but also an indication of potential areas of growing legal risk and exposure. LEED 3.0 Changes In June 2009, USGBC went live with its LEED 3.0 for New Construction. LEED 3.0 generally reflects a growing focus on carbon footprint related issues. The new LEED 3.0 contains a revamped credit point system, which
Commentators have described mold litigation as the �next asbestos� for years. In many states, however, mold litigation has not earned that label as plaintiffs have struggled to get expert medical testimony into evidence. Virginia is a conservative jurisdiction, but recent developments in the state may point to the reinvigoration of mold related personal injury claims. In a recent case, the plaintiffs were able to present their medical and other evidence to the jury. The result was a very large verdict that may inject mold litigation regionally with fresh life. HUGHES Changing Tide? Plaintiffs have struggled in Virginia to introduce medical