Stephen Del Percio, B.S.C.E., J.D., LEED AP
The Green Real Estate Law Journal is published by Stephen Del Percio, a real estate and construction attorney in New York City who focuses his practice exclusively on the design, construction, and real estate industries.
Stephen has substantial experience representing diverse industry stakeholders in a broad range of transactional, regulatory, and litigation matters, and frequently provides advice with respect to the emerging legal and regulatory issues associated with sustainability. He was also one of the first ten attorneys in the country to earn the LEED AP designation from the U.S. Green Building Council and is a frequent lecturer and author on the legal issues associated with green building, leasing, and policy.
Stephen holds an undergraduate degree in civil engineering from Columbia, and worked in the New York City construction industry prior to attending the William & Mary School of Law. He is admitted to practice law in New York and New Jersey, as well as before the federal courts for the District of New Jersey and Eastern and Southern Districts of New York.
Some of Stephen’s recent representative matters include:
- Advising a local government on the legal issues associated with the implementation of a LEED-driven incentive program;
- Advising a regional developer in connection with incorporating LEED- and green building-related requirements into its form construction agreements;
- Drafting a set of form design, construction, and consulting agreements for a major national real estate development company and assisting in educating its team in the documents’ terms and provisions during the company’s subsequent rollout of the new agreements;
- Representing a Manhattan-based real estate developer/sponsor in the removal of numerous notices of pendency that had been improperly filed against a high-profile, luxury condominium building’s apartment units by a mechanic’s lienor whose lien had previously been discharged by bond;
- Representing a telecommunications company in drafting and negotiating a $27 million design-build agreement for sub-grade New York City telecommunications network; and
- Representing a national commercial developer in drafting and negotiating a $7 million, cost-plus guaranteed maximum price construction agreement and corresponding architect’s agreement for the build-out of LEED-certified interior commercial office space in Washington, D.C.
- Green Building Regulation
- Design & Construction Contracts
- Professional Design Firm Licensing
- Commercial Leasing
- Construction Litigation
- Real Estate Litigation
- Business Litigation
- Juris Doctor, William & Mary Law School, 2005
- Bachelor of Science, Civil Engineering, Columbia University School of Engineering & Applied Science, 2000
- Green Building Contracts: Considering the Roles of Consequential Damages Provisions, Loy. Consumer Law Rev. (forthcoming Spring 2011).
- Chapter 4: State and Local Green Building Laws & Initiatives, The Law of Green Bldgs. (Howe & Gerrard, eds., ABA Section of Environment, Energy, and Resources, 2010).
- Revisiting Allied Tube and Noerr: The Antitrust Implications of Green Building Legislation & Case Law Considerations for Policymakers, 34 Wm. & Mary Envtl. L. & Pol’y Rev. 239 (Fall 2009).
- Green Building Claims: A Proposal for Risk Mitigation, 37 Real Estate L. J., No. 4 (Spring 2009).
- Chapter 12: Affordable Housing, Green Bldg. & Sustainable Dev. (Sentman ed., ABA Section of Real Property Trust & Estate Law, 2009).
- A Climate for Change: Green Building Policies, Programs, & Incentives, 3 J. of Green Bldg., No. 2 (Spring 2008).
- Legal Issues Arising Out of Green Building Legislation, 33 Real Estate Issues, No. 3 (Counselors of Real Estate, 2008).
- Leadership Roundtable: Green Building: Balancing Fact and Fiction, 33 Real Estate Issues, No. 2 (Counselors of Real Estate, 2008).
- The Skyscraper, Green Design, & the LEED Green Building Rating System, 28 Environs Envtl. L. & Pol’y J. 117 (2004).
- Risk & Liability: Lessons from a Decade of Green Building, Envtl. Design + Constr. (July 2010).
- Green Building Risk and Liability in the Construction Industry, N.J. Bldg. Contractor, Vol. 1 (2009).
- Liability, Contractors, & Designers: Green Building Legal Issues, Geoconnexion Magazine (Spring/Summer 2009).
- The Green Law Landscape, eco-structure, at 86 (November/December 2008).
- Green Construction Law Issues Beginning to Emerge, N.Y. Constr. (November 2008).
- Green, Energy Efficient Office Space on the Rise in Manhattan, N.Y. Real Estate J., Mar. 11, 2008, at 24B.
- USGBC Prepares Its Rating System for Massive Changes, 14 The Next American City (March 2007).
- The Greening of Buildings, N.Y. Newsday, March 7, 2007.
- Inaugural Green Building Legal Forum, U.S. Green Building Council’s Greenbuild 2010 Conference, Chicago, Illinois (November 17, 2010).
- The Role of Alternative Dispute Resolution in Green Building Litigation, Cardozo Journal of Conflict Resolution Fall Symposium, New York, New York (November 1, 2010).
- Moderator, Bisnow Sustainability Summit 2010, New York City Bar Association, New York, New York (August 12, 2010).
- How Green Is Your Building? Navigating Certification & Procurement Challenges, National Association of Attorneys General Summer Meeting, Seattle, Washington (June 16, 2010).
- Green Blues: Green Building Legal Risks, American Council of Engineering Companies Annual Convention & Legislative Summit, Washington, D.C. (April 26, 2010).
- Current Issues in Green Construction Law: 2010, Columbus Green Building Forum Annual Expo, Columbus, Ohio (April 14, 2010).
- Green Leasing in Existing Buildings, DePaul University Real Estate Center, Chicago, Illinois (February 26, 2010).
- Dealing with the Liability Issues of Building Information Modeling, ASHRAE 2010 Winter Meeting, Orlando, Florida (January 24, 2010).
- Moderator, Bisnow Sustainability Summit 2009, Herman Miller Showroom, New York, New York (December 9, 2009).
- Green Leases: Aligning the Incentives of Landlord and Tenant, Urban Green Expo, New York, New York, September 23, 2009.
- The 2007 AIA Contract Documents: Green Building Considerations, ASHRAE 2009 Annual Meeting, Lousiville, Kentucky, June 22, 2009.
- The Liability of Building Green: Legislation, Claims, & Contracts, Columbus (OH) Green Building Expo, May 19, 2009.
- The LEED Green Building Rating System: Business & Legal Perspectives for Public & Private Real Estate, FIABCI Sustainable Development: The Future of Manhattan Real Estate Conference, New York, New York, April 17, 2009.
- Green Building Incentives at State & Local Levels: Contract & Policymaking Considerations, ABA Webinar, April 2, 2009.
- Current Issues in Green Construction Law, William & Mary Environmental Law & Policy Review Symposium, Williamsburg, Virginia, January 30, 2009.
- Current Issues in Green Construction Law, Cetra Ruddy Architects Seminar Series, New York, New York, January 28, 2009.
- Blogging the Built Environment, Greenbuild 2008, Boston, Massachusetts, November 11, 2008
- Current Issues in Green Construction Law, Microdesk Building Success Series, New York, New York, October 2, 2008.
- The Liability of Building Green, The Green Building Initiative, Webinar Series, Summer, 2008.
- Potential Legal Challenges to Local “Green” Building Mandates, Managing Risk in Sustainable Building: Policy, Performance, & Pitfalls Conference, DePaul University Real Estate Center, Chicago, Illinois, February 7-8, 2008.
- Profiled in Actionably Eco? Architect Magazine, pp. 19-20, August 2009.
- Member, Model Green Lease Task Force.
- Founder, Publisher – Magazine, gbNYC Real Estate Group