There are no guarantees on the arduous and sometimes unpredictable road to LEED certification—or are there? Atlanta-based consulting firm Energy Ace is now offering what appears to be the first money-back guarantee on certification where the company supervises administration, fundamental commissioning, and energy modeling to meet LEED standards.
Celebrations often ensue when projects achieve LEED certification, but what happens when a project falls short? Although legal action is uncommon, lawsuits are not out of the question. A recent, well-publicized case involved a developer suing his contractor when a Maryland condominium building failed to achieve LEED Silver certification. The case was settled out of court, but the legal message was clear: LEED represents new liability, especially if legal mandates or financial incentives are tied to certification.