Mary Jane Augustine (Mccarter & English)

Mary Jane Augustine (McCarter & English)

Project Owner Strategies for “Greening” Design and Construction Contracts

The Green Real Estate Summit 2009: What Attorneys, Developers, Bankers and Lenders Need to Know

Footnotes:

1. LEED New Construction and Major Renovation Reference Guide (Version 2.2), Third Edition, October 2007 (p.12)

2. State of Indiana, Executive Order 08-14 (enacted June 24, 2008 established an energy efficient State buildings initiative; State of Virginia, Executive Order 48 (2007), requiring energy efficiency in State Government; State of Maryland, High Performance Buildings Act (approved by the Governor, April 24, 2008).

3. Stephen Del Percio, Shaw Development v. Southern Builders: The Anatomy of America’s First Green Building Litigation, August 20, 2008, http://www.greenbuildingnyc.com/2008/08.

4. Green Globes, developed in Canada by the Green Building Initiative, has gained some acceptance as an alternative to the LEED rating system developed by the USGBC. Other such rating systems include: BREEAM (UK); CASBEE (Japan); Green Star (Australia); and GB Tool (Europe). See Richard W. Gaeckle, Esq. and Daniel J. Cogan, Esq., Legal Issues in Green Building & Sustainable Design, Half Moon LLC Continuing Education, for a presentation made October 16, 2008.

5. Edward B. Gentilcore, Esq., Duane Morris LLP, Help on Avoiding Red Ink, Red Tape and Being Red-Faced while Building Green; for Lorman Education Services teleconference on “Problems and Risks Associated with Green Construction, September 9, 2008 (pgs. 36-37)

6. LEED New Construction and Major Renovation Reference Guide (Version 2.2), Third Edition, October, 2007 (pgs. 14 and 15)

7. An updated version of LEED will go into effect in approximately July, 2009. LEED v3 or LEED 2009 will build on the existing rating system, but expand and refine it to address the needs of the market. LEED 2009 will be based on a possible 100 rating points instead of the current 69 points. See USGBC, LEED 2009 Vision & Executive Summary, http://www.usgbc.org/showfile.aspx?DocumentID=4121. See also Bion D. Howard, What’s New for LEED in 2009: The Overhaul of the Green Building Council LEED Program; teleconference materials presented for Lorman Education Services, December 4, 2008.

8. LEED New Construction and Major Renovation Reference Guide (Version 2.2), Third Edition, October 2007 (p.14).

9. Id at p.17

10. James C. Jankowski, Suzanne H. Harness and Michael B. Bomba, AIA 2007 Update: How does it Affect Architects?; 2007, http://www.aiacontractdocuments.org/articles.cfm.

11. See ConsensusDocs Home Page, www.consensusdocs.org

12. Id.

13. AIA Board of Directors, Directory of Public Policies and Position Statements, September 2005, http://www.aia.org/SiteObjects/files/Public_Policy__Directory_Revised_1205.pdf.

14. James C. Jankowski, Suzanne H. Harness and Michael B. Bomba, AIA 2007 Update: How does it Affect Architects?, 2007, http://www.aiacontractdocuments.org/articles.cfm.