As more and more building projects involve LEED Certification and green building practices, it is not surprising that green mechanics lien lawsuits and green construction lawsuits start to emerge. Most green building developments involve some kind of funding and financing incentive for project designers and constructors to employ green building practices that follow US Green Building Council recommendations for energy efficiency and environmental friendliness. As developers and builders must meet these specifications, green building lawsuits involve breach of contract elements against the party who fails to construct or design according to the green plans. A suit was filed in Maryland alleging that a builder’s failure to follow green standard resulted in the total loss of a tax credit for environmentally-friendly practices.
Another green building lawsuit was filed in New Mexico, arguing that a city’s green and environmentally-friendly requirements should be lifted because they prevent an HVAC contractor from installing many of its products that do not meet the new requirement. The issue is confounded by less-stringent federal requirements that, if the contractor prevails, would allow the contractor to resume the bulk of its business.