Green Building

Otten Johnson offers significant capabilities in the area of “green” or “sustainable” development and the legal issues evolving in that arena. The firm’s ranks include two lawyers who are Leadership in Energy and Environmental Design (LEED) Accredited Professionals:  Bob Fisher and Kim Martin. It is becoming clear that substantial economic and other commercial benefits are now being realized and recognized by the development community from embracing green building practices in connection with new developments and redevelopments, especially in the long term. Aside from private sector drivers, governmental authorities at the federal, state and local levels continue to promulgate energy savings and other measures focused on sustainable development that must be addressed by developers in the course of their business. The attorneys in our litigation group also have experience resolving construction disputes, including litigating design/construction defect cases and other related actions. Otten Johnson’s corporate attorneys can also assist Green Building clients with their corporate needs, including entity formation and tax issues.

Representative Services

• Federal, state and local statutory and code compliance
• Urban renewal, and brownfield and greenfield development
• Conventional equity and debt financings for development acquisitions and construction projects
• Conservation easements and similar open space set-asides
• Structuring and management of residential and commercial planned communities, and related declarant responsibilities
• Employee and affordable housing
• Homebuilder construction warranty and other liability issues
• Liabilities associated with marketing and advertising practices
• Green leasing issues