Building Green: Navigating the Legal and Regulatory Challenges of Sustainable Real Estate

Recording of a 90-minute premium CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Thursday, January 21, 2010

Recorded event now available

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Course Materials

This CLE course will provide best practices when planning and negotiating green building contracts. The panel will outline strategies for resolving legal disputes between builders, contractors, subcontractors, tenants and other affected parties.


Builders are incorporating green concepts in development projects to reduce energy costs, qualify for tax breaks, and attract tenants. Major cities, including New York, Washington, Atlanta and Seattle, have enacted green building requirements for public construction projects.

Green building is expected to increase significantly into 2010. The economic recovery package passed in late 2008 extended tax incentives for green commercial building until 2013. New business opportunities emerge for builders and contractors, and so do associated legal risks.

Legal concerns include assigning responsibility for a green building that fails to attain the intended certification, allocating liability for construction and design claims in the construction contract, and determining the scope of insurance coverage for various elements of green building.

Listen as our panel provides best practices on green building projects for builders' and contractors' counsel. The panel will review common legal considerations in developing green construction projects and effective tactics to resolve disputes among the development team and with other impacted parties.



  1. Current trends and opportunities
    1. Prescriptive and performance measures for green building
    2. Tax incentives
    3. Emerging technologies
  2. Legal considerations and best practices in green building projects
    1. Contract provisions
    2. Insurance coverage
    3. Green building disputes and liability issues
  3. On the horizon - Green lending/financing


The panel will review these and other key questions:

  • How can counsel help builders and construction companies take advantage of the opportunities in green building?
  • How can counsel for builders and developers protect their clients' interests in contract negotiations for a green building project?
  • What are the factors to consider in securing insurance coverage for green building projects?
  • What strategies should counsel employ to defend against disputes and litigation arising from a green construction project?


Jeffrey D. Masters
Jeffrey D. Masters

Cox Castle Nicholson

Mr. Masters is a litigator and co-chair of the Development Risk Management and Insurance Coverage Practice. He handles...  |  Read More

Don Neff
Don Neff

La Jolla Pacific

He is a construction quality expert with more than 25 years of experience in the real estate industry, covering all...  |  Read More

Peter J. Korda
Peter J. Korda

Seyfarth Shaw

He is co-head of the Structured and Real Estate Finance Group. He represents lenders on real estate finance...  |  Read More

Sean M. O'Brien
Sean M. O'Brien

Seyfarth Shaw

He focuses his practice on the representation of banks, institutional investors, hedge funds, investment banking...  |  Read More

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