Features

Everything contained in this issue, in an easy-to-use format.

Features

Evaluating the potential for a variance or a rezoning must be done on a case-by-case basis. All of the issues pertaining to the site must be considered to determine if a rezoning or a variance is appropriate for the project. Such factors as whether there is a unique condition on the site for a variance are important. For a rezoning, facts such as if there is a strong residential character around an unused manufacturing site would make for a strong case. Other factors such as the political dynamic and the details of preparing the application must be taken into account as well.

Features

Companies involved in collaborative undertakings frequently confront risk sharing and transfer issues. After they identify a project's hazards, they then decide who will bear what risk, in what way, and in what amounts. They also need to consider whether either party (or both) will maintain insurance for the other's benefit. When negotiating a contractual risk transfer agreement, the parties need to understand their bargaining position and relevant contract and insurance principles. They need to be cognizant of risk transfer limitations. They need to consider if the risk transfer will be supported by insurance, and if so, the scope of coverage required and their willingness to share it in the event of a loss. The companies also need to put in place measures to assure compliance with their contract. This article examines these matters and offers practice pointers for those confronting contractual risk transfer decisions.

In a case of first impression, New Jersey's Appellate Division recently explored the relationship between three clauses commonly contained in policies issued to professionals, in this case a professional engineering firm: 1) the exclusion for professional services contained in a commercial general liability ('CGL') policy, 2) the affirmative grant of products-completed operations coverage in that same CGL policy, and 3) the corresponding exclusion of products-completed operations coverage in an architect/engineer's professional indemnity policy. <i>See S.T. Hudson Engineers, Inc. et al. v. Pennsylvania National Mutual Casualty Company,</i> 388 N.J. Super. 592, 909 A.2d 1156 (App. Div. 2006), <i>certif. denied,</i> 189 N.J. 647, 917 A.2d 787 (2007).

The first part of this series focused on the credits involved with a lease for office space where the client wants to pursue LEED CI Certification and addressed the LEED CI credits one needs to be aware of, by category, with a discussion of the intent behind each credit. The conclusion discusses the questions that should be asked of the tenant and landlord.

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Highlights of the latest commercial leasing cases from around the country.

A great deal has been written about global warming, international efforts to cut greenhouse gas emissions, state and federal action in this area, and even growing business initiatives that seek to address the problem. (<i>See, e.g.,</i> Thomas L. Friedman, 'The Green Road Less Traveled,' <i>N.Y. Times, Week in Review,</i> at 12, July 15, 2007. Significantly, however, these environmental concerns also have reached down to the local level throughout New York state. Indeed, local government actions are already affecting ' and will have significant future implications for ' individuals, businesses, property owners, contractors, and suppliers. Local municipalities have adopted zoning, building, or construction codes or other land use regulations requiring consideration of greenhouse gases or related environmental issues before permits will be issued. The new provisions are becoming so prevalent, in fact, that one might rightly declare that the state is at the beginning of a 'Green Revolution' on the local level.