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Tag Archives | green leasing risks
Green Leasing: Owners, Brokers Must Carefully Consider Interplay of LEED-EB:OM and LEED-CI
The interplay – or lack thereof – between individual LEED rating systems may create unanticipated liabilities for landlords and brokers who market LEED-EB:OM-certified space to tenants that subsequently seek to pursue LEED-CI.
Portland Tenants Sign Green Leases at Unico Properties’ Commonwealth Building
In Oregon, two small commercial tenants have bucked prevailing market trends and signed green leases with Unico Properties at the historic 13-story Commonwealth Building in downtown Portland.
Green Leasing Series: The Legal Risks of a Green Lease
Much like the rest of the green building industry, green leases contain a collection of legal risks that landlords and tenants have not previously had to consider. This article considers a small sample of such problems, specifically in relation to certification requirements, cost issues, insurance provisions and green product issues. Many companies and government agencies require their space to satisfy an applicable LEED for Commercial Interiors certification level. These entities look for a lease to specify that the space will meet such standards. Landlords are not generally in the position to guarantee such certification level. The project architect, general contractor, subcontractor and USGBC all have a much greater impact on whether the space meets the required certification level. The landlord will thus need to make sure it is working with contractors and architects that understand the issues and are able to work towards achieving the necessary certification levels. It will need to protect itself in its applicable project contracts. The landlord and tenant must work together in attempting to craft a lease that adequately protects each of their respective interests and avoids liability outside of either of their control.
