http://www.greenrealestatelaw.com/2010/02/case-study-on-enforcement-mechanisms-in-green-leases/ Current issues in sustainable building law for owners, builders, and design professionals. Fri, 23 Jul 2010 13:06:05 +0000 http://wordpress.org/?v=2.9 hourly 1 http://www.greenrealestatelaw.com/2010/02/case-study-on-enforcement-mechanisms-in-green-leases/comment-page-1/#comment-1061 Patrick Drueke Fri, 05 Feb 2010 14:04:17 +0000 http://www.greenrealestatelaw.com/?p=483#comment-1061 I have included liquidated damage provisions tied to maintenance obligations in a green lease. This has underscored their importance, and is an equitable enforcement mechanism because the parties negotiated it up front. I have included liquidated damage provisions tied to maintenance obligations in a green lease. This has underscored their importance, and is an equitable enforcement mechanism because the parties negotiated it up front.

]]> http://www.greenrealestatelaw.com/2010/02/case-study-on-enforcement-mechanisms-in-green-leases/comment-page-1/#comment-1057 Stephen Del Percio Fri, 05 Feb 2010 02:42:16 +0000 http://www.greenrealestatelaw.com/?p=483#comment-1057 Interesting thought, but I would think the rent reduction clause or other clauses in the lease (permitted uses, perhaps?) would protect the landlord from this scenario. Interesting thought, but I would think the rent reduction clause or other clauses in the lease (permitted uses, perhaps?) would protect the landlord from this scenario.

]]> http://www.greenrealestatelaw.com/2010/02/case-study-on-enforcement-mechanisms-in-green-leases/comment-page-1/#comment-1056 Aaron Brotman Thu, 04 Feb 2010 20:38:58 +0000 http://www.greenrealestatelaw.com/?p=483#comment-1056 While establishing incremental damages, rather than just the "nuclear option" for efficiency failures seems to make a lot of sense, I am a bit concerned about the possible perverse incentives established in the NSW Police HQ. As we have seen, the lease "green" part of any building is the people who occupy it, so a tenant - likely one less public or scrutinized than the State Police - may actually have the incentives set up so that the more energy is wastes the lower its rent goes. While establishing incremental damages, rather than just the “nuclear option” for efficiency failures seems to make a lot of sense, I am a bit concerned about the possible perverse incentives established in the NSW Police HQ. As we have seen, the lease “green” part of any building is the people who occupy it, so a tenant – likely one less public or scrutinized than the State Police – may actually have the incentives set up so that the more energy is wastes the lower its rent goes.

]]> http://www.greenrealestatelaw.com/2010/02/case-study-on-enforcement-mechanisms-in-green-leases/comment-page-1/#comment-1055 B. Carson Thu, 04 Feb 2010 16:16:02 +0000 http://www.greenrealestatelaw.com/?p=483#comment-1055 We've written in self-help and cure options, primarily on the LL side; in some instances we'll have delineated fees, like you might with a rules and regulations violation by an office tenant. We’ve written in self-help and cure options, primarily on the LL side; in some instances we’ll have delineated fees, like you might with a rules and regulations violation by an office tenant.

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