In spite of facing massive budget shortfalls, New Jersey legislators will consider two different green building bills during their 2008-09 term. We reviewed both bills over at gbNYC earlier this fall; one would require affordable housing developers to include sustainable design features (though not formal third-party certification) while the second would offer low-interest loans to developers who achieve a LEED Silver level of certification. As the economy worsens, though, it will be a tough sell in Trenton to hand tax breaks to private interests. I expect that green building legislation across the country will face similar scrutiny- particular if litigations like the AHRI case in New Mexico cause legislators to more carefully consider how their regulatory schemes are crafted.
Author Archive | Stephen Del Percio
Green roofs may be pretty but they are a plaintiff construction lawyer’s dream come true. Many of them leak or contribute to indoor air quality issues and the growth of mold. Commercial insurers- including Zurich- are taking note, and advising their insureds to make sure that their green roofs are being properly maintained and were installed as required in the first place. Over at gbNYC, we pointed out an article in Property Week magazine that quoted a Zurich consultant noting these concerns. Part of the solution, as always, is to consider a comprehensive risk management program in advance of a green project designed to mitigate non-traditional sources of risk unanticipated by the project team.