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Tag Archives | Paul D’Arelli
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.
In an article that we recently posted over at gbNYC, green building attorney Paul D’Arelli of the Greenberg Traurig law firm calls San Francisco’s new green building legislation “LEED on acid.” Mr. D’Arelli points out that San Francisco’s new legislation now penalizes developers who redevelop real property, holding them to a higher green standard than developers who are building on vacant parcels. For example, if a project involves demolition work, it must achieve an additional 10 percent in LEED points in order to comply with the ordinance. “There is no correlation required in terms of the extra points required to comply with the mandated 10 percent increase and the goals sought to be advanced in rehabilitating rather that redeveloping buildings, namely preserving embodied energy and materials in existing buildings and reducing the consumption of energy and materials in constructing new building,” D’Arelli writes.
San Francisco’s new LEED-driven legislation could have significant consequences for the city’s real estate development community.