GRELJ on Summer Sabbatical Through Labor Day
We’re taking the rest of the summer off here at GRELJ to recharge but will be back with you after Labor Day delivering new content on green real estate legal issues of interest.
Author Archive for Stephen Del Percio
Stephen Del Percio was one of the first ten attorneys in the country to earn the LEED AP designation and currently practices real estate and construction law at Arent Fox LLP in New York City. He holds a degree in civil engineering from Columbia and is a graduate of William & Mary Law School. Stephen is a member of both the New York and New Jersey bars. You can contact him at 212.457.5542 or delpercio.stephen@arentfox.com.
Is Canada “Avoiding” Exposure to Green Building Risks?
A recent article in a Canadian construction industry publication argues that Canada’s green building experience has – to date – avoided legal repercussions arising out of green construction projects.
Fireman’s Fund Releases “Next Generation” Green Building Property Insurance Policy Endorsement
Just before the July 4 holiday, Fireman’s Fund, which launched the green building property insurance market back in 2006, released what it is calling its “next generation” of green building policy endorsements.
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.
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
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.
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 against the pending enactment of certain amendments to Washington’s State Energy Code.
Jun 08, 2010 | 2 comments | View Post
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.”
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.
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
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
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 contracts.
Apr 15, 2010 | 6 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.
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
