GREEN SCENE: What the Law Says

As the real estate market turns, we're encountering more green, from leases to construction starts—and as mandates change, there are unanswered questions that the market is working on, says Arent Fox green guru Stephen Del Percio of sponsor Arent Fox, a LEED-AP attorney. He tells us many New Yorkers are concerned about the impact of the City's Greener, Greater Buildings Plan, which requires ongoing efficiency improvements in existing large buildings. The legislation, which is still in its infancy, was the hot topic during a recent panel discussion in which he participated.
Stephen, pointing out some of the green buildings near his Times Square office, tells us that owners considering LEED or other third-party certification for their buildings are also beginning to consider the potential effects that new tenants may have on their certification. Could a tenant who does not share the owner's commitment to green practices jeopardize the building's third-party rating by using too much energy or engaging in non-green operations? Another major concern, affecting construction and insurance, is whether green building increases the risk of personal injury at construction sites. For example, certain green designs that aim to provide increased interior natural daylight may translate into additional skylight penetrations or openings that can increase the risk of workers falling on the job, while the installation of untested or new types of systems and materials may also pose increased risks.

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