Green Liability
Industry Groups Launch Legal Challenge to Albuquerque Green Building Codes
Albuquerque, New Mexico’s Energy Conservation Codes were signed into law back in January, but their implementation was delayed until July 1 after industry groups voiced concerns during the spring that the Codes were, among other things, preempted by federal law. The Codes purported to raise the standards on the installation of HVAC equipment for all new and retrofit commercial and residential projects to a Seasonal Energy Efficiency Ration (”SEER”) of 15 (for air conditioning) and an annual fuel utilization efficiency (”AFUE”) of 90 percent (for heating). The suit was filed in U.S. District Court for the District of New Mexico by, among other plaintiffs, Air Conditioning, Heating and Refrigeration Institute.
Popularity: 16% [?]
15Jul2008 | Stephen Del Percio | 0 comments | Continued
The Liability of Building Green: GBI & ED+C to Sponsor Summer-Long Webinar Series
On Tuesday, June 24, the Green Building Initiative and ED+C magazine are sponsoring the first in a series of three webinars examining the various liability issues that construction industry stakeholders may confront in connection with green projects. I will be presenting on next Tuesday’s panel- titled “Risk and Liability in the Construction Industry”- and providing an overview of potential causes of action that could be asserted against (or brought by) green project participants.
Popularity: 25% [?]
19Jun2008 | Stephen Del Percio | 0 comments | Continued
Brookhaven National Laboratory Awarded Long Island’s First LEED Silver Rating
The Department of Energy’s Brookhaven National Laboratory has earned Long Island’s first LEED Silver rating. Brookhaven’s $12.6 million Research Support Building, designed by Farmingdale, New York-based Ehasz Giacolone Architects, earned 34 credits from USGBC, including the maximum possible for recycled-content and locally-sourced materials. General contractor E.W. Howell of Woodhaven, New York also diverted between 50 and 75 percent of the project’s construction debris from local landfills.
Popularity: 19% [?]
20May2008 | Stephen Del Percio | 2 comments | Continued
Green Construction Law: As Legislation Proliferates and Insurance Issues Emerge, Is Green Building’s Future Being Compromised?
An insightful letter to the editor that suggests many potential green construction law issues appears in the February 2008 issue of The Construction Specifier magazine. Written by Anne Whitacre of Gehry Partners’ Los Angeles office, A Different Perspective on Green draws attention to the LEED mandates that continue to be enacted in the author’s hometown of Seattle. In the letter, Whitacre raises her concerns about both local green building incentives and public mandates; her comments ring particularly salient in light of the recent Managing Risk in Sustainable Building conference at DePaul’s Real Estate Center in Chicago a couple of weeks ago, as well as freshly proposed Seattle-based legislation that would expand a green building mandate at the county level.
Popularity: 36% [?]
19Feb2008 | Stephen Del Percio | 0 comments | Continued
Managing Risk in Sustainable Building Conference Set for February 7-8 in Chicago
In its 2006 Green Building White Paper, Building Design + Construction magazine called upon the legal profession to examine the potential liability issues that could arise from green standards. It asked the American Bar Association or a leading law school to lead the charge and critically analyze the legal implications that green building regulations might implicate. As far as I can tell, the first conference that will begin to dig into these issues is taking place next week in Chicago. Sponsored by the Alberti Group, it’s not too late to register for Managing Risk in Sustainable Building: Policy, Performance & Pitfalls.
Popularity: 16% [?]
28Jan2008 | Stephen Del Percio | 2 comments | Continued
Greensburg, Kansas to Rebuild Public Buildings at LEED Platinum in Aftermath of May Tornado
Last May, the city of Greensburg, Kansas was devastated by a tornado that killed ten people and injured over fifty of its 1,400 residents- as you can see from the image, the level of destruction was almost incomprehensible. Back on December 17, though, the city passed a resolution to rebuild its public buildings greater than […]
Popularity: 15% [?]
3Jan2008 | Stephen Del Percio | 2 comments | Continued
Green Insurance Law: Industry Thoughts on BIM and LEED Coverage for Design Professionals
Last week, the AIANYS Statewide Advisory Committee and the American Council of Engineering Companies of New York sponsored the 2007 Annual Joint Session on Current Insurance Issues for Design Professionals. Speakers from a number of prominent insurance companies, including Lexington, Beazley, Zurich, CNA, Liberty, and XL shared their thoughts on the current state of the […]
Popularity: 32% [?]
11Dec2007 | Stephen Del Percio | 0 comments | Continued
The Top 5 Legal Issues to Consider on Green Construction Projects
I had the opportunity last week to attend an excellent CLE that was offered by American Land. The program focused on the legal issues that attorneys must remain particularly mindful of when advising clients on green real estate projects. Accordingly, here are gbNYC’s top five legal issues that green construction projects may present to participants. […]
Popularity: 54% [?]
1Nov2007 | Stephen Del Percio | 7 comments | Continued
LEED-AP Designation Not Just for A/E/C
It’s no surprise that this week’s edition of Crain’s reports an increasing number of real estate brokers, marketing professionals, and, yes, lawyers, who are sitting for the U.S. Green Building Council’s exam in pursuit of the LEED Accredited Professional (”LEED-AP”) designation. (The article is not yet available online). Depending on the industry, though, professionals […]
Popularity: 32% [?]
2Oct2007 | Stephen Del Percio | 4 comments | Continued
Is LEED Legislation- Whether Public or Private- Undemocratic?
In an article written earlier this week, Dan Walters, a columnist at the Sacramento Bee, articulated his concerns over a LEED-driven green public building regulatory scheme by calling such legislation “part of a broader legislative tendency to avoid tough policy decisions by shifting them to unaccountable outside organizations.” Walters was writing with respect to California’s […]
Popularity: 17% [?]
8Aug2007 | Stephen Del Percio | 0 comments | Continued
Monday LEEDoff: BOMA Celebrates 100 Years & Gotham Green Milestones
Last week, the Building Owners and Managers Association (“BOMA”) International celebrated its 100th anniversary by holding its annual convention here in New York City. The Citicorp Building, Time Warner Center, and 1 Madison Avenue were all lit up green during the four day event- attended by over 2,300 real estate professionals from all over the […]
Popularity: 16% [?]
30Jul2007 | Stephen Del Percio | 0 comments | Continued
Green Business Law: Need for Green Counsel Becoming Increasingly Salient as Green Claims are Brought Against Design Professionals
I’ve written before about the potential for design professionals to unwittingly expose themselves to unanticipated risks on green construction projects. In a presentation at last month’s 2007 AIA National Convention in San Antonio, Frank Musica, an attorney with a Maryland-based insurance company, provided an overview of twenty-one actual “green claims” brought against engineers and architects. […]
Popularity: 30% [?]
19Jun2007 | Stephen Del Percio | 2 comments | Continued
Green Business Law: Trademark Protection for Certification Systems Under the Lanham Act
Demonstrating yet another legal aspect to the green movement that industry stakeholders should remain aware of, last week’s edition of the Sustainable Industries Journal offered an insightful article about the intersection of trademark law and green product certification systems (such as Green Seal or LEED) which has implications for both certification-granting organizations and the companies […]
Popularity: 7% [?]
6Jun2007 | Stephen Del Percio | 3 comments | Continued-
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