If either the landlord or tenant breaches a green provision in a lease, what specific rights and remedies – if any – does the lease provide to the parties? The New South Wales Police Headquarters Building, just outside of Sydney, Australia, features a lease that gives the tenant a rent reduction if the landlord fails to maintain a certain level of third-party green building certification.
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While California’s recent adoption of a state-wide green building code once again has green building legal practitioners focused on the legal issues surrounding green building legislation, the antitrust implications of incorporating LEED or other third-party green building rating systems into state- and local-level legislation has yet to be fully explored.
The ConsensusDOCS 310 Green Building Addendum is the second form contract exhibit to be released by a major North American A/E/C organization for use on green building projects, but the first to make a significant attempt at allocating green building-related risk amongst the project team.
In a decision with implications for owners and lenders, the Appellate Division for New York State’s Fourth Department recently upheld a preliminary injunction in favor of the Destiny USA development in Syracuse based explicitly on the project’s green features.
What were the top stories in green real estate law during 2009, but why was the most important one of all – the Northland Pines decertification proceeding – largely ignored by commentators?
According to an article that appeared last week in Eagle River, Wisconsin’s Vilas County News-Review, a group of local residents have filed a 125-page complaint with USGBC that challenges the award of LEED Gold certification to the Northland Pines High School.
USGBC’s Green Lease Guide does much more than just discuss the split incentive that’s a major barrier to implementing a truly green lease; it provides tenants with a form environmental impact questionnaire designed to assist them in vetting potential properties, as well as eleven pages of sample green lease provisions. The Guide is primarily written for commercial office tenants, but landlords will find its background information useful as well.
The Green Tragedy: LEED’s Lost Decade was released while I was away last month. Author and Community Solutions executive director Pat Murphy traces the historical argument promoting minimal green building cost premiums, reviews the ongoing marketing effort behind LEED, and concludes that policy makers should demand energy efficiency standards more akin to the German Passive House rather than “cheap quick ‘green’ solutions.”
Back in June, a Winnipeg developer unveiled 1735 Corydon Avenue, a 2-story, 12,800-square-foot office building which is the first in Canada’s Manitoba province to require all potential tenants to sign a green lease.
In September of 2008, the Board of Directors of the National Institute of Building Sciences (“NIBS”) assembled a Task Group of design professionals, builders, and its own staff members to review third-party building performance rating systems and associated individual accreditation programs currently in use across the United States. The Task Group identified twenty systems and programs and interviewed representatives from AIA, ASHRAE, BOMA, GBI, NAHB, EPA, USGBC, and Victor O. Schinnerer & Co.. among others, in compiling its “Report on Building Rating and Certification in the U.S. Building Community,” which was released last month.