Practice Group: Green Building

The Green Building Practice Group at Greenbaum Rowe Smith & Davis LLP was formed to assist our clients meet the growing demand for sustainable, energy efficient development practices. Drawing from one of the largest and most respected Real Estate Departments in New Jersey, the lawyers in our Green Building Practice Group are well positioned to assist clients in navigating the challenges and opportunities presented by environmentally responsible development. To meet the expanding role of counsel in green building projects, our group is comprised of a comprehensive array of attorneys who work in all areas integral to green building projects: property acquisition, structuring of mixed use developments, Brownfields and other environmental issues, construction, contract and operating agreements, insurance matters, redevelopment, project planning, financing and subsidies, tax (including abatements and financial agreements), zoning, land use, approvals, permits and, if necessary, litigation.

Our clients include private developers, public corporations, redevelopment agencies, and financial institutions.

In providing guidance, the GBPG focuses on cost-benefit analysis since green building projects can be complex, particularly in New Jersey’s regulatory and redevelopment environment, and require an assumption of a number of tasks that have significant cost and legal implications. These can include drafting and negotiating construction and architectural contracts to incorporate green building provisions, obtaining local land use approvals and securing other necessary permits, addressing insurance issues and identifying applicable financing options and grant opportunities. In those instances where a project has failed to meet the objectives, our group is available to provide guidance and/or dispute resolution strategy for resolving any pre- or post-project issues that may arise. In short, the GBPG provides a full menu of services to any individual or entity involved in a green building project.

A recent green building project is the Epstein’s Redevelopment Project in Morristown.   Our firm has served as legal counsel to the Morristown Parking Authority since 1983. The Parking Authority’s elements of the Epstein’s Redevelopment Project include construction of a LEED certified parking garage and office building, which will likely achieve a gold or platinum rating.

As noted, the parking garage and office building will be LEED certified for environmentally sustainable and energy renewable design.  Notable green features of the office building include solar power, geothermal wells, light shelves, raised floor HVAC distribution, high performance energy efficient building envelope and a green roof.  Our involvement has included interfacing with design professionals regarding LEED certification and green design issues, participation in the LEED certification process, oversight of the preparation of grant applications, negotiation of leases with tenant contributions for “green” items, preparation of guaranteed maximum price construction contracts and conformance with Redevelopment Plan requirements.

Members of our group are leaders within trade and legal associations related to green building issues. We are members of US Green Building Council, the American Planning Association, and the NJ Chapter, NJ Future, and the National Association of Industrial and Office Properties. We are Master Sponsors of the NJ Builders Association. Dennis Estis, a  member of the GBPG is co-chair of the Construction Committee of the American Bar Association’s (ABA) Dispute Resolution Section and a past co-chair of the Construction Committee of the ABA's Section of Litigation. He and other members of the GBPG are active members of the ABA’s Forum on the Construction Industry, as well as the New Jersey State Bar Association's Section on Construction and Public Contract Law. Five partners and one of counsel in our Real Estate Department, more attorneys than any other firm in New Jersey, have been elected to the prestigious national peer group, the American College of Real Estate Lawyers. GRSD’s Real Estate Department, of which the Green Building Practice Group is a subset, was rated number one in New Jersey by Best Lawyers, with nine lawyers selected. Seven lawyers in the firm have been selected to Chambers Directory of Leading Business Lawyers.