Confronting Issues of Sustainability in Commercial Real Estate

September 30, 2010

With today's focus on "green" front and center, developers must take heed of issues that arise when they agree to undertake sustainability obligations. For the parties to achieve their sustainability goals they must keep close watch on the shoals, narrows, and other obstacles lurking in the layers of project documentation that can impede navigating a clear course to reaching those goals.

During this informative and timely Webinar, a panel of experts will discuss appropriate definitions of "sustainability." We will explore the differences among LEED certification and achieving standards set under the Green Globes and Energy Star Programs, and will examine how using innovative energy sources (e.g., solar) can meet sustainability objectives. The panel will discuss how the chosen methods/systems designed to achieve sustainability can affect eligibility for favored tax treatment and/or entitlements, such as Federal tax credits and grants, renewable energy credits, accelerated depreciation, and other governmental benefits. We will also address the availability of insurance to cover the loss of such benefits and to protect stakeholders from liability associated with failure to meet sustainability goals.

The panel will review the responsibilities imposed on project participants to meet stated goals in various types of commercial real estate development documents. We'll discuss documentation related to design, construction, build to suit, and lease agreements, and the contractual provisions a developer must keep in mind--or beware of--when entering agreements with architects and contractors in the construction of "green" buildings.

To register, please click here.

Barry Trilling, Wiggin and Dana

BJ Bernblum, Wiggin and Dana
Scotia Ryer, Wiggin and Dana