Dive Brief:
- Liability claims by clients against companies that design, engineer or construct green buildings do not differ all that much from claims involving conventional buildings.
- Claimants think they didn't get something they believe they had been promised.
- The strategy for minimizing risk is the same: Be specific in what contracts say the client wants and avoid promising certain outcomes.
Dive Insight:
It's OK to state goals, but insurance expert Karen Erger and attorney Eric Singe told a conference in Chicago that firms should not guarantee buildings will achieve certain certification standards or warrant any level of savings because of sustainable construction. It's also wise to set a reasonable standard of care that the design will require and to keep marketing language out of contracts.