05 Nov '17, 8pm

Arbitration is Why There is So Little Litigation in Green Building

It is surprising to many in the environmental industrial complex that there has been relatively little litigation arising out of green building. There have been only a very modest number of cases commenced in courts across the country involving construction of green buildings. The reason for the dearth of court cases is not that there are no disputes and differences arising from green building design and construction, but rather that many, if not most of the contracts in sustainable construction require mandatory arbitration, in lieu of a judicial contest. Appreciate that this limited number of disputes pursuing courtroom redress exists against a backdrop of a rising number of actual claims in green building construction projects. The purpose of the blog post is not to argue whether or not arbitration works as well or better than litigation. Legal scholars can have at it. ...

Full article: https://www.greenbuildinglawupdate.com/2017/11/articles/g...

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