In a recent article published in Law360 titled “Green Building Trend Ripe to Bear Suits,” Christopher W. Cheatham, managing partner of Cheatham Consulting, LLC, was quoted extensively regarding the potential for green building litigation. Cheatham first pointed to factors contributing to the lack of green building litigation, including the sluggish economy:
“The economic downturn has really hurt the construction industry, and companies have been less willing to push on LEED litigation issues, according to Chris Cheatham, managing partner of Cheatham Consulting LLC, which provides expert witness and consulting services for the construction and surety industries.
A lot of contractors are bidding for the few projects out there, and they don’t want to get a reputation as litigious, he added.”
But Cheatham also discussed the potential for future green building litigation. As green building continues to grow in popularity, green building litigation becomes more likely:
“Green building certification is now becoming a financial imperative for many owners, whether to lower energy costs, to qualify for tax incentives or because it is becoming the law in numerous jurisdictions, Cheatham said.
‘As LEED grows across the country, and there are more cities requiring LEED certification, it’s more likely to result in litigation,’ Cheatham said.”
The Law360 article is online, but only available to subscribers.
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