Two of Manhattan’s highest profile LEED projects took blows on the chin last week. After announcing in July that it would likely reduce the tower’s size by nearly a third, Vornado’s plans for Harlem’s first office tower in thirty years appear to be on the ropes. Despite generous tax incentives from both the city and state, Vornado has had difficulty obtaining financing for the Swanke Hayden Connell-designed Harlem Tower. Instead, the developer recently sought an additional $15 per square foot from planned anchor tenant MLB Network and, alternatively, also proposed building a five-story building exclusively for the network. The Times reports that both strokes “infuriated” MLB executives, who “wanted to be in a marquee tower on 125th Street.” Meanwhile, downtown, 2008 Pritzker Prize winner Jean Nouvel’s LEED-hopeful 100 Eleventh Avenue is currently $50 million over budget and close to a year behind schedule.
August 25th, 2008 | Stephen Del Percio | 0 comments | ContinuedAll Posts Tagged With: "Green Construction Law"
Shaw Development v. Southern Builders: 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.
August 20th, 2008 | Stephen Del Percio | 13 comments | ContinuedRough 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
August 12th, 2008 | Stephen Del Percio | 0 comments | Continued
Your Luxury Amenities May Be Trying to Kill You
Apparently, even if your floors are bamboo and your finishes low-VOC, that luxury condo may be giving you cancer anyway. The cause is that ubiquitous must-have mostly used for holding take-out containers: the granite countertop. “It’s not that all granite is dangerous,” a radon-detection technician was quoted in the New York Times. “But I’ve seen a few that might heat up your Cheerios a little.” Granite, particularly the varieties imported from Brazil and Namibia, can release both radon and radiation, according to reports and analysis by the Department of Health. The radiation/radon claim is fervently denied by the Marble Institute of America, which claims it’s “ludicrous” and perpetuated by competing materials manufacturers and makes of radon-detecting technologies. They have released their own study to refute marble’s danger.
July 25th, 2008 | Alex Padalka | 4 comments | Continued
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.
July 15th, 2008 | 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.
May 20th, 2008 | 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.
February 19th, 2008 | Stephen Del Percio | 0 comments | Continued