Green Real Estate Law Journal : Stephen Del Percio, J.D., LEED AP

Green Building Litigation

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Wild Week for Green Real Estate Law Includes Response to USGBC from Northland Pines Appellants
The Northland Pines appellants have announced that they dispute USGBC's denial of their challenge to the LEED Gold certification of the Northland Pines High School and publicly released the documents on which USGBC's decision was based.

Jun 09, 2010 | 14 comments | View Post
Building Industry Association of Washington Files Federal Lawsuit to Block Amended State Energy Code
On the heels of the lawsuit filed at the LEED Gold-hopeful Riverhouse here in New York City comes another green building-related litigation, this time on the West Coast and filed on May 25 by the Building Industry Association of Washington

Jun 08, 2010 | 2 comments | View Post

Green Construction Contracts

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Remedies in Review: DBIA’s Sustainable Project Goals Construction Contract Exhibit
GRELJ takes a closer look at some key provisions in the Design-Build Institute of America's Sustainable Project Goals Exhibit, which was released in May of 2009 and contains some important risk management tools for all types of design and construction

Apr 15, 2010 | 6 comments | View Post
Risk Allocation Provisions Prominent in ConsensusDOCS 310 Green Building Addendum
The ConsensusDOCS 310 Green Building Addendum is the second form contract exhibit to be released by a major North American A/E/C organization for use on green building projects, but the first to make a significant attempt at allocating green building-related

Jan 21, 2010 | 2 comments | View Post

Green Leases

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Portland Tenants Sign Green Leases at Unico Properties’ Commonwealth Building
In Oregon, two small commercial tenants have bucked prevailing market trends and signed green leases with Unico Properties at the historic 13-story Commonwealth Building in downtown Portland.

Jul 08, 2010 | 1 comment | View Post
How Might Courts Construe Permitted Use Clauses in Green Commercial Leases?
One interesting legal question that could arise in the green lease context is exactly how a court would construe aspirational clauses in the event the parties dispute exactly how "aspirational" those clauses should be.

May 06, 2010 | 3 comments | View Post

Green Building Performance

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Charlotte’s First Green Public Building Using Double the Energy Predicted by LEED Model
According to a recent energy study that was prompted by an inquiry from the Charlotte Observer, Charlotte, North Carolina's ImaginOn library building is using twice as much energy as predicted by the project's LEED Version 2.0 for New Construction energy

Feb 12, 2010 | 3 comments | View Post
Massachusetts Green Buildings Used 40 Percent More Energy Than Predicted
Back in 2007, the Energy Engineering Program at the University of Massachusetts Lowell completed a study of the actual energy performance of 19 green buildings across the Bay State. The study was funded by the Massachusetts Renewable Energy Trust and

Oct 06, 2009 | 8 comments | View Post

Green Building Legislation

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Copyright Concerns Could KO Proposed Delaware Green Building Legislation
Copyright concerns over green building amendments to Newark, Delaware's building codes suggest some interesting questions about sovereign immunity and additional legal considerations for policymakers who may incorporate LEED into legislation.

Jun 22, 2010 | 8 comments | View Post
Building Industry Association of Washington Files Federal Lawsuit to Block Amended State Energy Code
On the heels of the lawsuit filed at the LEED Gold-hopeful Riverhouse here in New York City comes another green building-related litigation, this time on the West Coast and filed on May 25 by the Building Industry Association of Washington

Jun 08, 2010 | 2 comments | View Post

Green Real Estate Finance

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Dust Clearing at Riverhouse as Developer Secures $61M in Additional Financing
The news that CBRE Capital Partners has originated $61 million in financing for the LEED Gold-hopeful Riverhouse condominium project also provides a bit of backdrop to the fledgling Gidumal litigation.

Jun 17, 2010 | 1 comment | View Post
Appellate Division Grants Preliminary Injunction Based on Project’s “Revolutionary” Green Construction Financing
In a decision with implications for owners and lenders, the Appellate Division for New York State's Fourth Department recently upheld a preliminary injunction in favor of the Destiny USA development in Syracuse based explicitly on the project's green features.

Jan 13, 2010 | 2 comments | View Post

Other Recent Articles
Unit Owners File Suit Against LEED Gold-Hopeful Riverhouse in Battery Park City

The owners of a condominium unit at the LEED Gold-hopeful Riverhouse development in lower Manhattan are alleging that the project’s developer breached the terms of its offering plan by failing to deliver the “green” building systems that were specified within the plan.

May 26, 2010 | 6 comments | View Post
Toronto Star Investigates “Shady” Ontario Green Building Industry

In a two-part series that was published last weekend, Diana Zlomislic of the Toronto Star reviews the green building landscape in Ontario and concludes that although “[s]hoddy building is not unique to the green sector . . . with governments aggressively promoting green construction and green building still an emerging practice, consumers who opt for more eco-friendly homes and renovations are more vulnerable.”

May 18, 2010 | 1 comment | View Post
What Is Builder’s Risk Insurance and Should I Purchase It For My Green Construction Project?

One area of the property insurance market which has seen an increase in green building policy endorsements over the past year is the builder’s risk market. GRELJ takes a look at exactly what builder’s risk is meant to insure, and then reviews some of the available green building endorsements to such policies that are currently available.

May 13, 2010 | 1 comment | View Post
Breaking: USGBC Upholds LEED Gold Certification of Northland Pines High School

USGBC has denied the appeal which challenged the LEED Gold certification awarded to the Northland Pines High School in Eagle River, Wisconsin.

Apr 29, 2010 | 3 comments | View Post
Canadian Contractors Confronting Administrative Aspects of LEED Certification Process

As an increasing number of Canadian governments are considering the merits of LEED-driven legislation, Canada’s contractors are speaking out about the increased costs and associated red tape on projects that pursue third-party green building certification.

Apr 22, 2010 | 0 comments | View Post
New York City’s Greener, Greater Buildings Plan: Lighting Upgrade Law (Int. No. 973)

The Lighting Upgrade Law is first up in a series of articles at GRELJ that will take a closer look at the four pieces of legislation comprising New York City’s Greener Greater Buildings Plan.

Apr 08, 2010 | 0 comments | View Post
USGBC: No Such Thing as LEED Decertification?

In light of two recent articles discussing the interplay of LEED 2009’s Minimum Program Requirements, decertification, and the ongoing Northland Pines High School certification challenge proceeding, it’s worth revisiting these topics in greater detail to clarify some misconceptions that have persisted over the past few months, particularly after remarks in response to those articles from USGBC.

Mar 24, 2010 | 4 comments | View Post
Mitigating the Increased Risks of Personal Injury Claims on Green Construction Projects

Green construction practices may increase the risk for site safety hazards that can lead to personal injury claims. Green building project teams should guide themselves accordingly, particularly in New York and other jurisdictions where controlling statutory law makes liability for those hazards absolute under certain circumstances.

Mar 17, 2010 | 1 comment | View Post
New Jersey Building Materials Dealers Association Opposing LEED for Schools Legislation

Opposition to pending LEED-driven legislation in the Garden State by the New Jersey Building Materials Dealers Association suggests an increase in the level of scrutiny for state- and local-level green building regulations in 2010.

Mar 10, 2010 | 4 comments | View Post
Developer Continues Fight For Net Metering at 360 State Street in New Haven

An interesting wrinkle on the intersection of green building policy and performance is currently playing out in downtown New Haven where developer Bruce Becker is fighting the state’s Department of Public Utility Control over its recent decision to deny his application for net metering of his new 360 State Street development.

Mar 04, 2010 | 0 comments | View Post
Top Green Office Leases in Manhattan: 2009

5 of the 20 largest leases signed in Manhattan in 2009 (as reported recently by the New York Observer) were inked in green buildings. GRELJ takes a closer look at each of these deals to draw some anecdotal conclusions about the current state of New York City’s green commercial real estate market.

Feb 25, 2010 | 0 comments | View Post

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