Building Energy Performance: The New Frontier of Transactional Due Diligence (and Contractual Liability)

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ASTM's new Building Energy Performance Assessment Standard is a major step forward for due diligence assessments in commercial real estate and mergers and acquisitions transactions. I predict that it won't be long until standard contracts contain relevant provisions (representations, warranties, indemnities, etc.) specifically addressing facility energy use.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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