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The Anatomy of America’s First Green Building Litigation
We’ve written extensively here at gbNYC about the potential for litigation arising out of green construction projects. To date the issue has been on the radar screens of numerous industry authors, but real-life application of green legal theory has been relatively difficult to come by outside of a handful of green-related claims reported by insurance carriers. However, a (relatively) recent lawsuit that was filed on the eastern shore of Maryland demonstrates that green building risk is real- particularly in light of rapidly increasing regulatory activity at the state and local levels. The suit suggests the critical importance of clear contract language for each stakeholder on a green construction project and posits that the alternative could be massive exposure to unanticipated liability for every project participant.
Popularity: 77% [?]
20Aug2008 | Stephen Del Percio | 9 comments | Continued
Final Asking Rents at LEED Platinum Bank of America Tower Hit $185/SF
Hedge fund HBK Investments, which last summer signed on for LEED Platinum hopeful Bank of America Tower’s 40th floor at $135 per square foot, has officially terminated its commitment for 12,000 square feet of that space. The Dallas-based firm will still retain 24,000 square feet on the 40th floor and the Dursts will now seek to lease the freshly freed space for an incredible $185 per square foot. The only space in the building that remains in addition to HBK’s former space is 30,000 square feet on the 37th floor, where the Dursts are asking the same rent; the family will consider partitioning either space into blocks for smaller tenants. According to Eric Engelhardt, one of Durst’s vice presidents for leasing, “[t]here is a greater universe of smaller tenants looking for high end space.”
Popularity: 16% [?]
20Aug2008 | Stephen Del Percio | 0 comments | ContinuedHoly Green: Trinity Real Estate’s LEED-CI Silver Offices by Mancini Duffy
Trinity Real Estate- which is currently developing the mixed-use, Brennan Beer Gorman-designed 330 Hudson Street to LEED Silver specifications- is the largest landlord in the Hudson Square submarket, where it has been converting industrial space into Class A commercial offices since 1983. The firm is the real estate arm of Trinity Church, the downtown Episcopal parish that currently enjoys a 93 percent occupancy rate for its portfolio. Trinity currently owns and operates six million square feet across eighteen buildings north of Canal Street and west of Sixth Avenue. Earlier this year, the firm opened its new 16,000-square-foot headquarters space at One Hudson Square (75 Varick Street), designed by architects Mancini Duffy to achieve a LEED for Commercial Interiors (”LEED-CI”) Silver rating.
Popularity: 15% [?]
19Aug2008 | Stephen Del Percio | 0 comments | Continued
Green Home to be Cornerstone of Long Island Alternative Energy Park
In 2005, the 800-square-foot OPEN House was conceived and constructed by 75 students at Old Westbury, Long Island’s New York Institute of Technology. Made from wood, the house debuted at the 2005 Solar Decathlon and took home fifth place as a fully operational showcase for solar and hydrogen fuel cell technology. In 2007, it was re-entered in the Decathlon with a few upgrades, including an array of 35 solar panels and a rooftop pool for heating and cooling, which was designed to simulate the heating and cooling principles of a geothermal system. The prototype included a performance dashboard displaying the home’s energy consumption in real-time. The Town of Hempstead recently purchased the OPEN House from NYIT for $75,000.00 as the centerpiece of a new alternative energy office park on Long Beach.
Popularity: 15% [?]
18Aug2008 | Stephen Del Percio | 0 comments | Continued
ML: Princeton’s Carl A. Fields Center for Equality and Cultural Understanding
Boston-based Anna Beha Architects (”ABA”) has designed a renovation and expansion of Princeton University’s Carl A. Fields Center for Equality and Cultural Understanding, whose building dates from 1901 and was formerly one of the school’s eating clubs. The project recently broke ground and contemplates a 5080-square-foot addition to the original, Italianate-style base building, which will house 18,8000 square feet of programming, office, and classroom space. The architect’s challenge was to reclaim the building’s original design, which it discovered through researching the university’s archives had been buried by a series of poorly executed previous renvovations. ABA was charged with creating useable outdoor space, as well as visible entry points into the structure.
Popularity: 14% [?]
18Aug2008 | Stephen Del Percio | 1 comment | Continued
Mega-Rich Go Green, Bloomberg’s Global Warming Task Force, MTA’s Green Escalators, & Randall’s Island Green Roof
gbNYC selects green news items of note that were reported across the New York City area during the week of August 10, 2008, including developer Joseph Moinian’s 1500-foot-deep geothermal well on Park Avenue, Mayor Bloomberg’s Climate Change Adaptation Task Force, difficulties as the MTA turns on its new green escalators, the installation of a 7000-square-foot green roof on Randall’s Island, and more green legislation for both New York City and New Jersey.
Popularity: 16% [?]
17Aug2008 | Stephen Del Percio | 1 comment | Continued
2008 Idea House: Green Antiquing in Sagaponack
Hamptons Cottages & Garden magazine is sponsoring the 2008 Idea House in Sagaponack on Long Island. The house is actually a Victorian farmhouse that was formerly owned by novelist James Jones. Sag Harbor developer Peter Sabbeth and his ModernGreenHome company have put a two-story, modern green addition on the back of the house and placed the property on the market for $12.9 million, without any furniture. The antique furniture you’ll find inside the house right now (it’s $30 to enter and open Thursday through Sunday until August 24) was chosen by local designers selected by the magazine. Other items have been created from recycled materials; architect Campion Platt, who fitted out the family sitting room, formed three rugs from discarded cowhide scraps.
Popularity: 18% [?]
15Aug2008 | Stephen Del Percio | 2 comments | Continued
Hoboken Sustainability Primer: From Green Buildings to Clean Power
gbNYC has noted two green projects on the Hoboken side of the Hudson previously; we pointed you to SJP Properties’ Waterfront Corporate Center III and Bijou Properties’ Dean Marchetto-designed, 180-unit condo project on 14th Street, both of which are seeking LEED ratings from USGBC. Green efforts in Hoboken aren’t limited to these projects alone, though; Bijou is also developing the Garden Street Lofts at 14th and Bloomfield Streets, which were also designed by Marchetto and are seeking a LEED Silver rating. Meanwhile, Mayor David Roberts recently announced a tax credit plan for residential owners that install solar panels and is quick to point out Hoboken’s taxi fleet that features seven hybrids.
Popularity: 19% [?]
13Aug2008 | Stephen Del Percio | 1 comment | Continued
Rough Tuesday for Green Buildings in Midtown
Yesterday was not a good day to be a green building under construction in Midtown. First, Steve Cuozzo reported in the Post that Macklowe Properties’ 510 Madison Avenue, which is currently pursuing a LEED Gold rating from USGBC, has received a partial stop-work order from the Department of Buildings. Later in the morning, a 5 ‘ by 13′ panel of glass fell from the 51st floor of Cook + Fox’s LEED Platinum hopeful Bank of America Tower. The panel landed on sidewalk bridging across 42nd Street (where the former Verizon Building continues to undergo a number of green retrofits), shattering and sending one person to Bellevue. Tishman Construction is serving as the construction manager for both of the projects
Popularity: 18% [?]
12Aug2008 | Stephen Del Percio | 0 comments | Continued
Chautauqua Wind Energy to Capture Green Power Upstate
Calling itself in the “small wind” business as opposed to large-scale, utility-grade wind farms, Chautauqua Wind Energy plans to move into the fledgling market for smaller scale, residential wind turbines beginning this fall. Based in Chautauqua County, New York, the green energy company will focus on installing and servicing 5 to 10 kilowatt wind turbines. The company will act as a dealer and carry turbines from different manufacturers, including Bergey, Windterra, and Helix Wind. Chautauqua will also act as a consultant to determine the optimal installation for each of its customers. Chautauqua County is apparently a prime spot for wind energy. Boasting nearly constant Class 3 winds (15 miles per hour), the area is home to some of the windiest areas in New York State, which is actually the 15th windiest state in the union.
Popularity: 18% [?]
12Aug2008 | Stephen Del Percio | 0 comments | Continued
American Apparel Bringing Green Retail to Hell’s Kitchen
As Racked reports that American Apparel is close to opening its twentieth store in New York City, we’ll note that the retailer’s Hell’s Kitchen outlet is currently in pursuit of an unspecified level of LEED for Commercial Interiors certification. The store at 610 9th Avenue will soon by joined by other iterations at 429 Broadway (Broadway and Howard) and 2103 Broadway (at 73rd Street). No word on whether the retailer’s 19 other New York City area outlets will also implement sustainable features or pursue a LEED rating. American Apparel was founded in 1997 and is based in Los Angeles. The company has implemented a number of sustainable initiatives at the corporate level.
Popularity: 14% [?]
12Aug2008 | Stephen Del Percio | 0 comments | Continued
Seeking LEED Silver, 100 Park Avenue Bucks Market, Inks Anchor Tenant
SL Green’s 100 Park Avenue was the first of Park Avenue’s International Style high-rises. Located at the corner of East 40th Street, the modern glass and steel tower was completed in 1949 and replaced the Murray Hill Hotel, which dated from 1883 and whose residents put up a fierce battle against the new development. The building’s current owner, SL Green, is wrapping up an 18-month, $72 million capital improvement program that includes a LEED for Existing Buildings (”LEED-EB”) application aiming for a Silver rating from USGBC. The project includes upgraded building infrastructure, a new facade and windows, and a new lobby and elevators; BOMA named the tower its Best Renovated Building of the Year for 2007. Last week, accounting and consulting firm BDO Seidman signed a 121,441-square-foot lease across the tower’s 9th through 11th floors.
Popularity: 15% [?]
11Aug2008 | Stephen Del Percio | 0 comments | Continued
GP*: Will Your Office Pass the Green Test?
The world we live in is changing all the time; from the way we live our personal lives to the way we do business. New ideas and technology have enhanced and paved the way for more efficient ways to meet with clients and conduct business. One of the most recent and largest changes being made is a way to continue doing business while conserving the world’s natural resources. Everything is going “green” these days. Will your office pass the green test? Having an office that will pass the green test does not necessarily mean remodeling the office space to make it more energy efficient. There are simple, small things you can do to help improve your office efficiency. A green office may help you save money and help you do your part to help the environment.
Popularity: 16% [?]
11Aug2008 | Yevgeniy Gutsalo | 0 comments | Continued-
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