In early 2009, the United States Green Building Council (USGBC) released a white paper that claimed green building legal risks are merely 'old wine in new bottles'. However, in identifying a variety of the typical claims that are asserted in connection with construction projects, USGBC's effort fell short of elevating the analysis of green building legal issues to the level necessary for policymakers and project teams to make informed decisions about legislative activity and project-specific risk management.

The paper concluded by suggesting that 'conjecture, anecdote, and even rumor swirl around recent presentations, workshops and discussions circling the question of what legal claims may be based on the design, development, and construction of sustainable buildings'. This book will definitively address the potential for such legal claims in way which will allow stakeholders to fully appreciate and evaluate the legal issues that may - and indeed already have - ferment into 'new wine.'