You Can Appeal LEED Certification. But Why?

August 9, 2010 at 3:55 pm Leave a comment

LEED certifications are not set in stone.  In fact, there are appeal process written into to the LEED policy manual.  Appeals don’t happen often, but the Northland Pines High School LEED gold certification has been under fire since it was awarded in 2007:

“The residents initially raised concerns about the project during the design phase, claiming that a more efficient HVAC system was available and should have been specified by Hoffman LLC, the Appleton, Wisconsin-based firm that designed the school.” – Green Real Estate Law Journal

A successful appeal will likely replace Northland Pines’ gold certification with silver.  But why are people concerned?  Is there a vendetta against LEED, Hoffman LLC, or the school?  Of course there needs to be a system of checks and balances to make sure that LEED awards or denies certification in accordance with their own rules to maintain the legitimacy and distinction of LEED itself.  But if maintaining a watchful eye over LEED is the primary motive for the appeals process, then this initiative is misguided.

A local high school with LEED gold certification can draw positive attention to a community and its members.  Northland Pines would be recognized for its environmental initiative and may become more prestigious as a result, probably two reasons the school’s board agreed to spend extra money for LEED certification in the first place.  However, appealing the LEED gold certification highlights a possible “failure”, in effect overshadowing what could have been regarded a community accomplishment.

We would rather see more new construction projects try to achieve LEED status and fail, then make no attempt at all.  If the Northland Pines appeal fails, congratulations on gold certification.  If it succeeds, congratulations on silver which is still fantastic accomplishment.

On the other hand, LEED appeals present new business opportunities for LEED certified lawyers.  As the number of green buildings continue to increase, we can be sure that there will be increasing demand for LEED lawyers, “LEEDigation” and certified architects and contractors.

Under what circumstances would you appeal a LEED certification?

www.greenlegalmatters.com

Entry filed under: Architecture, Construction, Green Legal Matters, Lawsuits, LEED, Uncategorized. Tags: , , , , , .

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