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Tag Archives | Andrew Burr

CoStar, Owner’s Counsel Addressing Liability Aspects of Marketing Green Buildings

Back in January here at GRELJ, I critiqued Andrew Burr of CoStar’s list of the top ten green building stories from 2008 by noting his lack of any reference to the green building litigation and associated risk management issues that began to emerge during the course of last year. Accordingly, I was pleased to see his recent column acknowledging some of the risks inherent with marketing green buildings, both in project-specific materials as well as securities disclosures. In Mr. Burr’s piece, both Paul D’Arelli of Greenberg Traurig and Brian Anderson of Whyte Hirschboeck Dudek (who describes the securities issue in detail in his Understanding the Business of Green article, available via the links below), among others, note the importance of educating owners about the terminology associated with the LEED certification process and the potential legal dangers of misrepresenting a property’s green design features in terms of ultimate building performance.

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Green Building Litigation Notable Omission From CoStar’s Top 10 Green Building News Stories of 2008

Andrew Burr of the CoStar Group recently listed his top ten green building stories from 2008. I thought a glaring omission from his compilation was his failure to include any discussion of either of the green building litigations that surfaced during the course of the year. Shaw Development v. Southern Builders and AHRI et al. v. City of Albuquerque may ultimately become seminal green building law cases, so I was disappointed that Burr’s list focused on mostly cosmetic, feel-good stories like “the LEED economy” and “green building trumps recession,” the latter of which has most certainly not been true in New York City over the past couple of months as a number of green projects have stalled or been canceled outright.

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