Green Construction Law

Shaw Development v. Southern Builders: The Anatomy of America's First Green Building Litigation

Wed

Aug

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.

Background to the Lawsuit

Rough Tuesday for Green Buildings in Midtown

Tue

Aug

by Stephen Del Percio

0 comments

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. A number of streets around the project were closed while the fire department investigated the incident. Tishman Construction is serving as the construction manager for both of the projects

Industry Groups Launch Legal Challenge to Albuquerque Green Building Codes

Tue

Jul

by Stephen Del Percio

0 comments

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 Ratio ("SEER") of 15 (for air conditioning) and an annual fuel utilization efficiency ("AFUE") of 90 percent (for heating).

Brookhaven National Laboratory Awarded Long Island’s First LEED Silver Rating

Tue

May

by Stephen Del Percio

2 comments

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. The two-story, 65,000-square-foot building includes two different office wings that are connected by a glass atrium lobby, while the exterior is clad with metal panels.

Green Construction Law: As Legislation Proliferates and Insurance Issues Emerge, Is Green Building’s Future Being Compromised?

Tue

Feb

by Stephen Del Percio

0 comments

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, Another 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.