Real Estate Issues

Trade publication covering the real estate industry.

Articles from Vol. 33, No. 3, Fall

Editor's Statement
"Like any professional, an architect is simply an educator."ONE OF THE GREAT BENEFITS OF MY JOB as editor in chief of Real Estate Issues is that I have the opportunity to read all of the wonderful manuscripts that the members of The Counselors submit...
Energy Performance in Residential Green Developments: A Florida Case Study
THE COMMERCIAL AND RESIDENTIAL SECTORS both have an important role to play in any worthwhile attempt to decrease the overall energy consumption of the United States. Often, the residential sector is too fragmented to provide real, economically sound...
Expanding the Principles of Performance to Sustainable Buildings
A MAJOR ISSUE IS EVOLVING WITH REGARD TO THE MEANING and implications of the term "building performance." To some, this expression means a promise to design buildings that will function in accordance with "green" or "high-performance-green" ratings....
Green Building Representations and the Emerging Potential for Securities Fraud Liability
INTRODUCTIONIN THE PAST TEN YEARS, THE NOTION OF "GREEN" or highperformance building has moved from an isolated concept discussed among small groups of idealists to become a key element of any credible discussion regarding public or private investment...
Greening the Standard of Care: Evolving Legal Standards of Practice for the Architect in a Sustainable World
OVERVIEWTHE TASK OF DELIVERING GREEN OR SUSTAINABLE BUILDINGS requires the coordination of many parties in the chain of asset management and construction. Arguably, one of the more important figures in this process, particularly for new buildings and...
Legal Issues Arising out of Green Building Legislation
AS CONCERN ABOUT THE STATE of the natural environment continues to rate higher on the public's agenda, an increasing number of state and local governments have enacted legislation to combat the significant environmental impact of building construction...
Selling and Governing the Green Project: Owner Risks in Marketing, Entitlement and Project Governance
INTRODUCTIONCRITICAL THINKING ABOUT THE LEGAL AND RISK MANAGEMENT issues related to green buildings is in its relative infancy.With the sustainable development revolution upon us and a general consensus that it is here to stay, attorneys for owners,...
Shifting the Sustainability Paradigm: From Advocacy to Good Business
INTRODUCTIONSUSTAINABILITY HAS BECOME THE WATCHWORD for imagining a new utopia where the relationship of the human endeavor with the natural world is properly aligned to the benefit of both. But this, like all utopias, lies in the future. The present...
Sustainable Buildings and the Surety
ONE OF THE MORE VITAL, THOUGH OFTEN HIDDEN, types of risk transfer mechanisms on many construction projects is the surety. In fact, sureties act as a basic backstop against the possibility that a project will get derailed due to the inability of a contractor...
Trust, but Verify. . . Building Enclosure Commissioning in Sustainable Design
INTRODUCTIONSUSTAINABLE DESIGN DOES NOT NECESSARILY RESULT IN A sustainable building. As an architect practicing in the area of building enclosure failure investigation and repair design, personal experience has taught me that there is often a sizeable...
Weather-Related Losses in the Built Environment: Societal Change and Climate Change
INTRODUCTIONIT IS NOW COMMON IN POLICY DEBATES to invoke humancaused climate change as a possible cause of economic, public health and catastrophic property losses. A close look at climate change issues and the built environment, including both the larger...