A lawsuit challenging Malkin Holdings’ plans to launch a publicly traded REIT could impact its efforts to implement advanced building technologies across a broader range of New York City commercial office buildings.
Tag Archives | green building lawsuits
After hearing oral argument at the end of July, the Southern District of New York has dismissed Henry Gifford’s amended complaint in Gifford et al. v. USGBC on the basis that Mr. Gifford and his fellow plaintiffs lack standing to maintain their false advertising claims against USGBC.
A recent suit filed in the Central District of California suggests that the booming green building market is also greasing the wheels for commercial disputes between industry stakeholders.
On the heels of the lawsuit filed at the LEED Gold-hopeful Riverhouse here in New York City comes another green building-related litigation, this time on the West Coast and filed on May 25 by the Building Industry Association of Washington against the pending enactment of certain amendments to Washington’s State Energy Code.
The owners of a condominium unit at the LEED Gold-hopeful Riverhouse development in lower Manhattan are alleging that the project’s developer breached the terms of its offering plan by failing to deliver the “green” building systems that were specified within the plan.
In a two-part series that was published last weekend, Diana Zlomislic of the Toronto Star reviews the green building landscape in Ontario and concludes that although “[s]hoddy building is not unique to the green sector . . . with governments aggressively promoting green construction and green building still an emerging practice, consumers who opt for more eco-friendly homes and renovations are more vulnerable.”
In a piece that appeared both on her blog and at Greener Buildings, my colleague Shari Shapiro opines on why, as we rapidly approach the midpoint of 2009, there remains a dearth of reported lawsuits arising out of green building projects, despite much commentary suggesting the contrary to be imminent. Ms. Shapiro suggests four reasons: (1) a relative lack of green building practices generally as compared to overall construction; (2) owners who are “too afraid” to measure building performance and are thus unable (or unwilling) to assert a claim arising out of violated green building expectations; (3) a general reluctance to engage in costly litigation given the economic downturn; and (4) the green building movement’s relative infancy. However, over the course of 2009, and notwithstanding the lack of lawsuits filed to date, there has been an explosion in commentary on green building litigation across the legal community. Accordingly, I thought Ms. Shapiro’s piece was particularly timely and worthy of some additional discussion here at GRELJ.
gbNYC recaps the 2008 Greenbuild conference in Boston with an eye on some important issues that weren’t discussed in enough detail.