Many commentators suggest that, as a threshold issue, a green lease include an “environmental performance objective,” or a clause that requires both landlord and tenant to operate the demised premises pursuant to a set of very general, aspirational green building objectives. Upon reading a sample environmental performance objective clause, you may be reminded of the form language in the 2007 version of the AIA’s B101 Owner Architect Agreement, which obligates the architect to make a set of very vague and non-specific green building-related recommendations to the owner with respect to certain aspects of its proposed design for the project. While provisions in a lease that set forth a roadmap for landlord and tenant to operate demised premises in a sustainable manner should by no means be discouraged, it is important for landlords to carefully consider the specific language that they may choose to insert into a green lease as part of such clauses.
Tag Archives | green risk management
Marsh Report: At Least One Professional Liability Insurer is Considering a LEED Project Coverage Endorsement
A new report from Marsh explores current trends in the insurance markets with respect to available coverages for the risks associated with green building projects.
Green Building Statistics: Demand is High, Design Experience is Low
While it’s true that statistics don’t always tell the whole story, some recent figures from XL and NAHB have important risk management implications for green building industry stakeholders.
Shaw Development v. Southern Builders: The Anatomy of America’s First Green Building Litigation
It’s happened: the country’s first litigation arising out of a green building project has been reported in Maryland.
The Liability of Building Green: GBI & ED+C to Sponsor Summer-Long Webinar Series
A series of GBI-led webinars will examine the various liability issues that construction and real estate industry stakeholders may confront in connection with green projects.
