A new change to the US Green Building Council’s LEED certification process should put Chicago-area construction companies and developers on notice that their mechanics liens concerns may have increased. The USGBC’s new note indicates that certification may be revoked from any LEED project upon the USGBC’s gaining knowledge of noncompliance with any minimum program requirement. This means that LEED certification can potentially be removed from a project during construction without much notice. For construction companies and developers, this means that vigilance is key. Projects could see catastrophic delays, reductions in sale or use value, and funding crises if any project financing is dependent on holding LEED certification for the design and methods. Contractors and developers should be extra vigilant during the certification process to ensure that their methods are clearly defined, that compliance milestones are clearly acknowledged, and that liens are ready to file immediately in case of emergency.
Prepare for the Worst: LEED De-Certification
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