Page 283 - The Green Building Bottom Line The Real Cost of Sustainable Building

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THE FINE PRINT: LEGAL ISSUES IN

GREEN BUILDING PROJECTS

ROBERT E. STANLEY, ESQ.
AND JUSTIN SHOEMAKE, ESQ.

SUMMARY

If the development and construction of green buildings may be said to have
finally reached Main Street, the legal ramifications surrounding this rapidly
burgeoning field are still in their infancy. In this chapter, Robb Stanley and
Justin Shoemake, both LEED Accredited Professionals as well as legal
counsel for Melaver, Inc., explore the myriad legal issues that, while stan-
dard real estate fare, take on unique twists in the context of going green.
The first section looks at the initial development and construction phase of
green buildings, focusing on the legal aspects of verification, risk manage-
ment, and avenues for remedy should things go wrong. The second section
considers the issue of permitting and incentives from a green perspective,
highlighting how the fast-changing nature of local, state, and federal legis-
lation directly impacts the legal exposure of green developers. The third
section entails a brief look at some of the financial implications of a green
development. In the fourth section, the authors consider the challenges and
potential legal exposure posed by those who broker and market a green
development. Sections five and six consider the standard and familiar ele-
ments of a real estate lease—tenant build-out, the economics, tenant oper-
ations, rules and regulations governing tenant behavior, and repairs and
alterations—all from a radically new perspective. Section seven focuses

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