LEED lawsuit claims deceptive marketing

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Four people suing the U.S. Green Building Council in federal court claim the group’s green building accreditation for professionals is nothing more than a deceptive marketing tool to lure customers.

Parties in an amended lawsuit filed this month in New York argue they are losing business because, they say, the USGBC falsely advertises that paying for Leadership in Energy and Environmental Design accredited professional designation will result in a higher quality of work.

USGBC representatives could not immediately be reached for comment.

Some local architects and industry professionals disputed the claim that LEED AP hurts the bottom line of those who haven’t completed the program.

“I personally don’t think it has merit,” said Matt Tendler of the claim. Tendler is a LEED-accredited architect with Kahler Slater Inc., Milwaukee.

He earned his LEED accreditation in 2001 and said it largely serves as “icing on the cake” when it comes to employment.

William Babcock, executive director of the American Institute of Architects Wisconsin, agreed, noting the majority of architects, regardless of certification, have been designing energy-efficient and sustainable buildings for a long time.

“If their qualifications are up there,” Babcock said, “it doesn’t matter if they have LEED certification.”

Still, other architects among those without LEED AP designations, such as New Berlin architect Nathan Remitz, support the notion that nonaccredited professionals are at a disadvantage in the marketplace. While he said he hasn’t lost business as a direct result of not having the credentials, the partner at Patera LLC said there is a perception that LEED AP architects design more efficient buildings.

“In the consumer’s eyes,” Remitz said, “you are less qualified to design a comparable building that is just as energy efficient.”

Tendler agreed to a certain extent, but he couldn’t recall a project in which his LEED accreditation directly led to a job.

“But I also can’t say I ever lost a job,” he said, “because I didn’t have enough credentials.”

If anything, Tendler said, his accreditation puts him on the short list for projects.

Remitz said that, rather than waiting for the outcome of the federal lawsuit, he is considering acquiring a LEED AP designation to eliminate the potential for losing business because he lacks the credential.

The original suit, filed in October in New York, sought class-action status on behalf of building owners, taxpayers and people allegedly harmed by the LEED accreditation for professionals as well as LEED certification for buildings.

To expedite the process, plaintiffs’ attorney Norah Hart filed amended claims Feb. 7.

“Having to get class certification adds a level of complexity that preceded any discovery or litigation of the actual facts,” Hart said. “Essentially, this just streamlined the case.”

The amended suit names only New York energy reduction consultant Henry Gifford and his company, Gifford Fuel Saving Inc.; Oklahoma moisture barrier design and mold remediation specialist Elisa Larkin, president of B’Green Environmental Inc.; Florida-based professional engineer Andrew Ask; and Virginia architect Matthew Arnold.

The complaint against the USGBC claims the organization has misrepresented the energy efficiency of LEED-certified projects and that the certification is not an accurate measure of a building’s energy performance.

The result, as alleged in the suit, is the USGBC’s false advertising causes consumers of building designs to use LEED-accredited professionals rather the nonaccredited professionals.

In addition, the plaintiffs contend that money invested on LEED certification cuts into the amount spent on “more productive, performance-based designs,” such as those produced by the plaintiffs.

The USGBC has until April 6 to respond to the amended complaint, which seeks an injunction and unspecified damages against the organization.