March, 2013 | Construction Law Authority

New Version of LEED Rating System May Be Coming Soon

March 22, 2013

The U.S. Green Building Council’s long awaited updates to the LEED Rating System are almost complete. LEED v4 has been in the works for more than a year. The likely final public comment period for the new rating system ends on March 31st, and voting on the changes is scheduled to begin June 1st.

There are some significant changes in LEED v4. It will include a new credit category, Location and Transportation. As the name suggests it focuses in part on location of buildings and connectivity to them. Some of the credits in this category, such as bicycle storage, reduced parking capacity and low-emitting vehicles are already part of the existing Sustainable Sites category, so they are just being moved. Speaking of which, a new credit for rainwater management has been added to the Sustainable Sites category in LEED V4, which will be an opportunity to earn points for capturing, treating and controlling on-site runoff.

There are some significant changes in the Water Efficiency category. There will be three prerequisites: Outdoor Water Use Reduction (applicable to projects with exterior vegetated areas); Indoor Water Use Reduction (like the former "Water Use Reduction" prerequisite, it requires 20% water use reduction, and will also require a WaterSense label for certain fixtures and fittings); and Building Level Water Metering (applicable to all projects, it calls for permanent water meters to measure usage, and the data must be shared with the USGBC for 5 years). There are also new credits for Cooling Tower Use and Water Metering.

Public Procurement: Don’t Forget the Protest Bond

March 20, 2013

William J. Cea

Procurement

If you are considering a protest concerning a competitive solicitation pursuant to Chapter 120, Florida Statutes (the "Administrative Procedure Act"), a protest bond may be required....

Update on Public/Private Partnership Legislation

March 14, 2013

Lee Weintraub

Legislation

SB 84 and HB 85, as amended to reflect the merger with a competing bill, continues to pick up momentum. The House Bill passed the Government Operations Subcommittee three days ago by a vote of 11 to 1 and the Senate Bill is set for the Governmental Oversight and Accountability Committee today. Many interested parties have raised very good suggestions for changes in the statutory language and we’re addressing as many of them as we can. We’re excited that this legislation has garnered so much attention, as that indicates people are preparing themselves to implement it upon passage. Keep up the support!

I was recently interviewed by Carolina Bolado at Law360 about the legislation and the portion of her article addressing it is reprinted below. In the meantime, the newly formed Florida Council of Public/Private Partnerships is putting the final touches on our P3 conference set for May 16 and 17 in Orlando, which will coincide with the statewide launch of that trade association to the public. If you want to be on the e-mailing list to receive notice of the seminar when registration opens shortly, let me know.

In the meantime, keep up the P3 momentum! Here is the segment of the Law360 article on P3:

Florida Supreme Court limits the economic loss rule to product liability matters – or not?

March 8, 2013

webmaster

Litigation

For the last eight (8) years, Florida’s economic loss rule has been applied to bar claims (1) where the parties are in contractual privity and one party seeks to recover damages in tort for matters arising out of the contract, or (2) where the defendant is a manufacturer or distributor of a defective product which damages itself but does not cause personal injury or damage to any other property. Indemnity Ins. Co. v. American Aviation, Inc., 891 So.2d 532 (Fla.2004). However, in its March 7, 2013 5-2 split decision in Tiara Condominium Ass'n, Inc. v. Marsh & McLennan Companies, Inc., 38 Fla.L.W. S151A (Fla. March 7, 2013) the Florida Supreme Court has now receded from prior precedent and appears to have limited the application of the economic loss rule to product liability matters. The Court observed that the economic loss rule is a judicially created doctrine that sets forth the circumstances...