Stuart D. Kaplow, P.A.

A Force Majeure Decision during the COVID-19 Pandemic

By Stuart Kaplow

July 5, 2020

There has been much speculation and supposition about the interplay of force majeure provisions in leases and other contracts in response to government orders closing businesses during the coronavirus disease 2019 (COVID-19) pandemic, but now there is an authoritative court decision that may provide persuasive authority. In a motion in a Bankruptcy case the landlord demanded payment of post petition rent from the Hitz Restaurant Group or that the Chicago restaurant vacate the premises immediately.…

Green Building Law Update

Four New LEED Pilot Credits Respond to COVID-19

By Stuart Kaplow

June 14, 2020

This blog post is an update to my June 6th post, Two New LEED Pilot Credits Respond to COVID-19, describing that the U.S. Green Building Council has now added two additional Pilot Credits responding to the novel coronavirus. You may reasonably infer that I have posted an update (.. something I rarely do) because I believe the two new LEED pilot credits can contribute to a meaningful consideration of how to adapt to keep…

Green Building Law Update

New Maryland Real Estate Laws from the 2020 Legislative Session

By Stuart Kaplow

June 7, 2020

The 71 day session of the Maryland General Assembly was for the first time since the Civil War cut short from the prescribed 90 days (.. of note, the legislature has met for 90 days since the predecessor, appointed not elected, General Assembly of Maryland was first called together in 1635 in St. Mary’s). Despite the Coronavirus pandemic concern shortened session, the legislature acted on 1,664 House bills and 12 resolutions and 1,081 Senate bills…

Green Building Law Update

Two New LEED Pilot Credits Respond to COVID-19

By Stuart Kaplow

May 31, 2020

America is reopening including physically opening its buildings and the U.S. Green Building Council has announced that LEED will play a role in confronting risk in the post coronavirus pandemic era. Last week Mahesh Ramanujam, the President & CEO of USGBC announced in a published letter that the “second generation at USGBC will focus on our relevant and reimagined vision: Healthy people in healthy places equals a healthy economy.” He acknowledged that in a post…

Green Building Law Update

COVID 19 Commercial Building Liability

By Stuart Kaplow

May 24, 2020

With all 50 states now in some stage of reopening and some reclosing in part from the novel coronavirus pandemic closures and more than 1,500 new statutes, regulations and executive orders addressing the pandemic having been enacted in a matter of weeks, many commercial real estate owners are questioning if they can be liable for damages when someone, whether an employee of the business tenant or someone else, claims to have contracted the coronavirus disease…

Green Building Law Update

New BREEAM In Use Version in a Changing World

By Stuart Kaplow

May 17, 2020

Last week BRE Global announced that the “BREEAM USA In-Use Version 6 for Commercial and Residential” green building rating system has launched. In addition to improvements to the prior commercial building rating system BREEAM In-Use now includes residential for the first time (accepting that existing multi-family building is a very much underserved sector). An update to the BREEAM In-Use online platform, which is used to facilitate the benchmarking and certification process, has also been rolled…

Green Building Law Update

The New and Improved 2020 ICC 700 National Green Building Standard

By Stuart Kaplow

May 10, 2020

The 2020 version of the ICC 700 National Green Building Standard (NGBS) is now available for free download and public use. You care about this because the NGBS is the most used green building standard in the United States. As of April 1, 2020, more than 216,000 residential dwellings have been certified to the NGBS through NGBS Green, the third-party certification program administered by Home Innovation Research Labs. And yes, that is more domestic certifications…

Green Building Law Update

COVID-19 and the Risk from Recirculated Air in Buildings

By Stuart Kaplow

April 29, 2020

The Federation of European Heating, Ventilation and Air Conditioning Associations (REHVA) has in recent days issued guidance on how to occupy commercial and public buildings, from offices to schools, “in order to prevent the spread of the coronavirus.” As Americans begin to end coronavirus lockdowns, which were of course intended to keep hospitals from being overwhelmed but not reducing the number of people who will ultimately get infected, with no vaccine yet available, much of…

Green Building Law Update

Supreme Court Permits State Law Claims Against Superfund Property

By Stuart Kaplow

April 26, 2020

In an instructive environmental law decision last week, the U.S. Supreme Court held that the federal Superfund statute (the Comprehensive Environmental Response, Compensation and Liability Act) does not preclude owners of adjacent contaminated land from pursuing state laws claims for money damages for nuisance, trespass and strict liability, but any cleanup of that land cannot be taken in the absence of EPA approval. Among the reasons this is a significant decision is the impact on…

Green Building Law Update

Maryland is First State to Legislate Permitted Use of PFAS

By Stuart Kaplow

April 19, 2020

Prior to the just concluded session of the Maryland legislature, the State’s laws and regulations were silent with regard to PFAS chemicals including PFOA. At worst, Maryland could have been criticized along with the Federal government and other states, for failing to regulate PFAS as a hazardous substance. But then, some days ago Maryland did what no other state (nor the Federal government) has done. It passed legislation (.. actually 3 separate bills) expressly permitting…

Stuart D. Kaplow, P.A.

Stuart D. Kaplow, P.A. Blogs

Blog Authors

A Force Majeure Decision during the COVID-19 Pandemic

Four New LEED Pilot Credits Respond to COVID-19

New Maryland Real Estate Laws from the 2020 Legislative Session

Two New LEED Pilot Credits Respond to COVID-19

COVID 19 Commercial Building Liability

New BREEAM In Use Version in a Changing World

The New and Improved 2020 ICC 700 National Green Building Standard

COVID-19 and the Risk from Recirculated Air in Buildings

Supreme Court Permits State Law Claims Against Superfund Property

Maryland is First State to Legislate Permitted Use of PFAS

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