From: Kate Galbraith, New York Times
Published June 1, 2009 10:02 AM

The Legal Risks of Building Green

A new study by Harvard Law School's Environmental Law & Policy Clinic and sponsored by Manko, Gold, Katcher & Fox, a Philadelphia law firm, says that green building raises a number of liability questions.

What if the building set out to meet LEED certification or other government green-building standards, but falls short, for example? What if it fails to garner expected tax breaks from the government for building green?

Already, according to Robert Fox, a managing partner with the Philadelphia firm, a number of legal disputes have arisen in the area of green building.

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"We're seeing the litigation starting now, and my sense is that there will be more as the government is imposing this as a requirement," he said, referring to increasing mandates or incentives by governments at all levels to encourage green building practices.

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