Page 301 - The Green Building Bottom Line The Real Cost of Sustainable Building

THE FINE PRINT: LEGAL ISSUES IN GREEN BUILDING PROJECTS 279

The Green Lease Work Letter

Among other things, a green lease work letter could include requirements
such as:
■ Tenant shall utilize only energy-efficient lighting fixtures, and all light-
ing (excluding safety lighting) shall be equipped with occupancy-based
controls.
■ Tenant shall certify the commissioning of all HVAC, lighting, and
energy systems prior to the occupancy of the Premises for the conduct
of Tenant’s business therein and provide such commissioning data to
Landlord.
■ All wood used in connection with the construction of any improve-
ments shall be FSC-certified.
■ Tenant shall be required to utilize low-flow toilets, waterless urinals,
and sensor-controlled faucets for all restrooms within the Premises.
■ Tenant shall comply with Landlord’s requirements for construction
waste management and recycling, including any required sorting and
storage of such materials.
■ All paints, stains, sealants, and adhesives used by Tenant in the con-
struction of improvements in the Premises shall be water-based, low- or
no-VOC emitting products.
■ Carpet systems shall meet the Carpet and Rug Institute’s Green Label
Plus certification.
■ Fiberglass insulation used on site must be formaldehyde-free.

appliances and equipment, or as detailed as regulating the type of workstations and
other office furniture the tenant is allowed to bring into the space, particularly with
respect to the volatile organic compound (VOC) content of these items. Most lease
agreements contain no provisions that regulate the tenant’s furniture, fixtures, and
equipment. As such, if a landlord desires to include these types of controls, the green
lease will need to include specific language addressing the landlord’s goals or require-
ments along these lines. Because this is not traditionally an area controlled by the
landlord, these provisions may meet with some resistance.
Once the tenant’s improvements have been constructed and tenant has taken occu-
pancy of the space, the lease agreement dictates the rights and responsibilities of the
parties over the term of the lease (and, in some cases, beyond the term—e.g., indem-
nity obligations, or covenants to pay any costs or damages that the party being
indemnified may suffer that survive past the term of the lease). In the context of a
green lease, there are a number of provisions that may need to be modified or
enhanced. These include provisions addressing operating costs of the building, insur-