Legal Services
The Green Building Practice Group at Arent Fox is the first of its kind in New York City, providing industry stakeholders with a full suite of green real estate legal services in addition to our traditional construction- and real estate-related offerings. Please contact Stephen Del Percio at 212-457-5542 or delpercio.stephen@arentfox.com for more information about our group.
Specifically, our Green Construction Contracts Program provides owners, builders, design professionals, and consultants with a comprehensive and cost-effective approach to mitigating the emerging risks associated with green building projects:
- Who you are: An owner, developer, or landlord that is considering LEED or other third-party green building certification for your project but is uncertain of how to translate such requirements into contract documents; a contractor, design professional, or LEED consultant that is concerned about the potential liabilities to which you may be exposed in connection with rendering your services on a green building project.
- Deliverable: We will review your existing design or construction agreement and provide you with a spreadsheet matrix of current provisions that (1) should be amended to assist you in securing any desired level of certification or (2) may expose you to non-traditional sources of liability. The matrix will explain why such provisions should be revised and offer general strategies for mitigating such risks during the course of construction. In addition, we will also provide you with a red-lined copy of your current agreement that includes our suggested revisions, as well as any additional provisions that may be necessary in the context of each particular agreement.
- Rates: Fees are established on a per project basis. After an initial no-cost consultation, we will determine a not-to-exceed budget (based on a capped number of hours) to create your matrix and red-lined agreement.
- Why participate: Form agreements- whether drafted prior to the explosion in green building practices or promulgated by organizations such as AIA – may be insufficient to account for the legal challenges and risks suggested by recent green building lawsuits such as Shaw Development v. Southern Builders or other numerous claims reported to major insurance carriers. Given the current state of the market, there is an increased risk of construction litigation generally. Firms that are not considering the implications of LEED and sustainable design with respect to their design and construction agreements are placing themselves at a competitive disadvantage. The Green Construction Contracts Program is designed to assist you in taking advantage of the opportunities that green building and programs such as LEED offer, but with an eye on the risk management implications that most law firms have yet to even consider.
In addition to our Green Construction Contracts Program, which we also offer to landlords interested in greening their leasing documents, we are also committed to delivering the following specific scope of legal services to green building industry stakeholders:
- Assistance procuring and securing appropriate insurance coverage for green building projects;
- Reviewing, editing, and proposing language for green building project marketing materials;
- Reviewing and preparing written comments and advice with respect to drafts of municipal green building ordinances, as well as advice on how similarly-situated municipalities have crafted green building legislation;
- Assistance selecting the appropriate LEED rating system for a particular project and providing counsel during the course of the LEED certification process;
- Providing recommendations regarding certification under other green building (or green product) rating systems;
- Performing research and preparing written compilations of White Papers or industry trend reports;
- Assistance securing funding for green projects from local programs (such as NYSERDA) or any other green building funding provider;
- Assistance identifying municipalities providing financial incentives for green development or mandating compliance with particular rating systems;
- Assistance securing investment capital for green developments;
- Researching specific green project materials and technologies and subsequent recommendations for alternative products and/or edits to language in contract documents; and
- Providing green building stakeholder education through the development of written materials and speaking engagements.
Again, please contact Stephen Del Percio at 212.457.5542 or at delpercio.stephen@arentfox.com if you are interested in the Green Construction Contracts Program or any of the foregoing services that the Arent Fox Green Building Practice Group offers.
