Frances O'Meara is presenting at the 2018 CLM Annual Conference March 15, 2018 on the panel discussion "Green Buildings and LEED Standards: Emerging Issues in the Race to be Green."
Leadership in Energy and Environmental Design (LEED) Standards are being rapidly adopted by states and municipalities across the country. These “Green Building” standards under LEED present an entirely new set of risks and liability concerns for architects, engineers, and contractors. LEED standards can change rapidly and may result in an evolving standard of care over the life of a project. Damage models also present new concerns for insureds and their carriers. For example, the failure to properly complete construction of a Green Building may result in damages like the loss of significant property tax credits. Finally, due to the on-going certification requirements under LEED, Green Buildings claims have a long tail and present a long-term risk for insureds and their carriers. This session will present a brief history of LEED certifications to provide context to participants. The discussion will explain risk factors under LEED and focus on the liability issues confronting architects, engineers and developers who go Green. The session will identify and explore risk-management, defenses to claims, risk-transfer ideas and claim resolution strategies. Presenters will also evaluate some case studies and discuss practice tips.
- Joseph Garin, Lipson, Neilson, Cole, Seltzer & Garin, P.C.
- Christopher Grosso, Conner Strong & Buckelew
- Guy Hollingsworth, Hanover Insurance
- Frances O'Meara, Thompson Coe & O'Meara, LLP
-LEED standards are rapidly evolving into construction projects at all levels and the liability arises under contract and government regulations.
-Potentially responsible parties include A&E, Contractors and Suppliers.
-Carriers should be mindful of cross over between professional liability and general liability claims.
-Risk transfer and risk management techniques are essential because damage models in LEED claims have the potential to be catastrophic.
Frances M. O’Meara is a nationally recognized professional malpractice attorney who concentrates her practice in errors and omissions defense for attorneys, accountants, architects, insurance agents, real estate brokers, and appraisers. Frances is certified by the California State Bar as a Certified Legal Malpractice Specialist. She advises professionals and law firms on legal professional and ethical issues, issues relating to risk management and loss control, and cyber security and data privacy risks.
Frances works directly with major insurance carriers throughout the United States, non-insured attorneys, large corporations, and financial institutions. She has extensive experience in D&O financial lines, commercial litigation, with an emphasis on fidelity, fiduciary and surety claims investigation and litigation.