Case 5: “Chesapeake Bay Foundation, Inc., et al. v. Weyerhaeuser Co., No. 8:2011cv0047 (Md. Dist. Ct.Jan. 6, 2011)”. Facts. In August 1998, Chesapeake Bay Foundation (CBF) signed a separate contract with Clark Construction Group, LLC (Clark) to construct CBF’s headquarters in Annapolis, Maryland, and Clark, in March 2000, made a purchase order with Weyerhaeuser Company, the defendant in this case, in order to supply Parallams, which is a LEED recycled product, for the columns in this project. The Parallams need to treat with the preservative PolyClear 2000, which is also a LEED low emitting material and provided by Permapost Products Co., the third party defendant. In addition, this project is considered as the first building achieved LEED
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In a nutshell, this case show a particular issue, which proves that new green products may lead to unpredictable risks, in green building performance. From this litigation, we should avoid untested green materials, obviously define all pledges, waivers, and promises related to green products. Case 6: “Steven Gidumal and Allison Keely, et al. v. Site 16/17 Development LLC, et al., No. 105958/10 (N.Y. City. Sup. Ct. 2010)”. Facts. In 2010, the manager, engineer, architect, and developer (Defendants) of the River-house apartment in New York City were sued by the tenants, Allison Keeley and Steven Gidumal (Plaintiffs) for seeking compensation (more than 1 million dollars) for losses related to post-occupancy defects; moreover, they also alleged for breach of contract, fraud, and misrepresentation. Issues. Allegations from Gidumal and Keeley demonstrated the insufficient heat from the project supposed to get LEED Gold certification with high green performance HVAC system; however, the plaintiffs later discovered that the building was not satisfied the LEED’s standards due to the cold air’s infiltration caused by large holes and increasing …show more content…
In July 2014, Flintco Pacific, Inc. (Plaintiff), considered as the prime contractor of the expected LEED Platinum building, Mitchell Park library in Palo Alto, California, filed a lawsuit against the project owner, City Of Palo Alto (Respondent). In fact, the City cancelled the contract with Flintco Pacific in early 2014 and it also announced a takeover agreement to let a new general contractor finish the project. Besides, the City required Flintco Pacific to turn over the document needed to achieve LEED certification. However, Flintco stated that its contract was inappropriately aborted when the project was finished over
In a nutshell, this case show a particular issue, which proves that new green products may lead to unpredictable risks, in green building performance. From this litigation, we should avoid untested green materials, obviously define all pledges, waivers, and promises related to green products. Case 6: “Steven Gidumal and Allison Keely, et al. v. Site 16/17 Development LLC, et al., No. 105958/10 (N.Y. City. Sup. Ct. 2010)”. Facts. In 2010, the manager, engineer, architect, and developer (Defendants) of the River-house apartment in New York City were sued by the tenants, Allison Keeley and Steven Gidumal (Plaintiffs) for seeking compensation (more than 1 million dollars) for losses related to post-occupancy defects; moreover, they also alleged for breach of contract, fraud, and misrepresentation. Issues. Allegations from Gidumal and Keeley demonstrated the insufficient heat from the project supposed to get LEED Gold certification with high green performance HVAC system; however, the plaintiffs later discovered that the building was not satisfied the LEED’s standards due to the cold air’s infiltration caused by large holes and increasing …show more content…
In July 2014, Flintco Pacific, Inc. (Plaintiff), considered as the prime contractor of the expected LEED Platinum building, Mitchell Park library in Palo Alto, California, filed a lawsuit against the project owner, City Of Palo Alto (Respondent). In fact, the City cancelled the contract with Flintco Pacific in early 2014 and it also announced a takeover agreement to let a new general contractor finish the project. Besides, the City required Flintco Pacific to turn over the document needed to achieve LEED certification. However, Flintco stated that its contract was inappropriately aborted when the project was finished over