Author Archives: Melissa Dewey Brumback

3 Unusual Signs that You Will *NOT* be Sued (tip)

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good sign

So often, lawyers are the bearers of bad news.  What will get you sued.  Signs a lawsuit is coming.  What you can’t say (even though you’d really like to say it!).  What “wouldn’t be prudent”.  (h/t SNL).

Today, we’re turning that on its head, with 3 signs that you will NOT be facing the business end of a lawsuit in the near future.

Some good signs are obvious.  Such as when a client sends you more work, refers you another customer, or says “Hey, swell job!”  But here are 3 unusual things that are good signs, if only you understand what they are really saying:

1.  The Complaining Client.

When your client complains to you about something you’ve done, not done, or promised but failed to do, that is a good sign.  Yes, you heard right.  Complaining is caring.  It is when you don’t hear anything that you could be in the most trouble.  If a client is complaining, they are telling you that you need to fix something.  That something may or may not be fixable, but at least you know that they value you enough to *want* you to fix it, so they can continue to do business with you.  So the next time a client complains to you, remember, it’s much better to have a complaining client, which you can fix, than a completely mad one that will disappear, without a word, to the architect or engineer down the street.  Or worse still, to their lawyer’s office.  To sue you.

2.  The Always-Calling Client.

If your client calls you to talk about the project a lot, that can be a good sign?  Yes, even if they interrupt your train of thought and your design process.  If your client is not afraid to pick up the phone and call you, then you are keeping the communication lines open.  It is when you don’t hear from clients regularly that expectations are missed, misunderstandings accrue, or unpaid invoices result.  A happy client is an engaged client.  An engaged client will be in touch- often.  This is not to say you can’t set parameters, such as what times of day you return client phone calls.  But calling is good, regardless of the subject (short of a Trump-like “You’re Fired”).

3.  The No-Boundaries Client.

When your client asks your opinion on non-design issues, that is a great sign.  She wants referrals to your accountant.  He wants to know where you think he should take an important investor to dinner.  Any time you find yourself having conversations about things that are not, strictly speaking, work-related, that is a very good sign indeed.  People do business with those they know, trust, and like.  They also tend not to sue those that they know, trust, and like.

Your thoughts?  Do any of these ring true to you?   Share in the comments below.

 

Photo: Good Sign (c) Melissa Brumback.  Creative Commons License

Please pardon our dust…. (blog update in progress; back to your construction law posts shortly!)

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Readers:

Pardon for the interruption you may have gotten today in your RSS feed.  I’ve been working on some behind-the-scenes housekeeping matters, and inadvertently published a not-ready-for-prime-time post.  Please disregard.

I’ll be back with good construction law issues and questions shortly…..

 

7 Sustainability Ideas for Modular Classrooms in the Education Industry (guest post)

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mobile classroomToday, a guest post on sustainable modular classrooms from Kathy Werder, a freelance architect by profession and a researcher by nature.   According to Kathy, most of her research papers focus on promoting integration that leads to sustainable and lean design and construction practices. Kathy is obsessed with the latest rage in the construction industry – modular building solutions. She is also an avid writer, and loves blogging about green buildings and portable construction units. Welcome, Kathy!

According to Wikipedia, a sustainable building refers to “ a structure and using process that is environmentally responsible and resource-efficient throughout a building’s life-cycle from sitting, to design, construction, operation, maintenance, renovation, and demolition.”

So if we accept this definition to be true, in order to make an actual sustainable building we have to consider the entire process of building right from the blueprint stage all the way to demolition, and ensure that at every step of the way there is minimal or no negative impact on the environment, especially in terms of resource efficiency.

School buildings require a lot of energy to function. However, there are a great many things that can be easily done to make a sustainable school building. Of course, you would have to opt for modular buildings for schools since they are known to be constructed in a resource and energy efficient way. [Editor’s note: I’m not sure that sustainability would *require* the use of a modular building, but they do have known, quantifiable built-in sustainable features.]

Whether you get your building from a vendor or directly from a manufacturer, here are a few things you can do to your modular classroom buildings in order to make them more sustainable.

Recyclable Materials

The first and most obvious step is to make sure your modular school building is built out of recyclable materials as far as possible. This would include recycled steel, wood and glass as well as recyclable pipelines, window frames, etc.

Approximately 10-20% more lumber is used to construct mobile buildings than in convention construction (to add structural integrity); therefore, using recycled wood can pay dividends.

Recycled steel is robust, not combustible, and mold-resistant, and it is useful for framing.

Carpet tiles made of 100% recyclable materials can be used by most builders. For instance, Mobile Modular Management Corporation uses glueless, 100% recycled carpet tiles that do not release volatile organic compounds (VOC).

There are cost advantages to using recyclable materials and in many cases, there is an associated lowering of installation labor costs.

Indoor Air Quality

Before installing a central air system, first see if it is possible to maximize on natural ventilation by designing classrooms in the style of atriums or by installing large, strategically placed windows that allow for sufficient cross ventilation.

Should you choose to install a central air system anyway, bear in mind that HVAC systems are the main energy consumers in any type of building, especially in schools. New, energy efficient 2-stage HVAC systems should be used that require less energy to function and consume significantly less electricity. They also use refrigerants that do not harm the ozone layer.

In addition to this, some modular construction companies use radiant heat barrier and increase the R-value of all insulation to reduce HVAC load and maintenance costs.

Geo Exchange Systems

Geo exchange systems make use of the energy (or temperature) stored in the earth to perform a large number of functions. It can heat and cool an entire school building, it can provide refrigeration and it can also be used to heat water.  If there it is possible to install a geo exchange system, it is the next best solution to natural ventilation.

Daylighting

Most schools function during the day and so essentially there should be no need to use much artificial lighting. Modular or portable classrooms can be constructed specifically to maximize natural daylight. Large windows with energy efficient glass will ensure that there is plenty of daylight coming into the room while still being able to retain a comfortable temperature that is not affected by external conditions. Sun tunnels can be used to maximize natural lighting as well.

Solar Power

Solar power is the most incredible gift that we have in terms of an energy resource today. Furthermore, with the advanced technology that we have at our disposal today, there are numerous ways in which we can harness solar energy:

    • Solar powered water heating is perhaps the most common way in which solar energy is used.
    • Solar powered light bulbs are another great invention that should definitely be used
    • Solar plugs are also another incredible invention that a school should definitely take advantage of. Instead of using electricity to power laptops and computers, solar plugs can be used wherever possible.

Room Acoustics

Maximizing good room acoustics is another way to save electricity, especially in auditoriums. Since you have the luxury of having your school built to your exact specifications, it would be fairly easy to ensure that your auditorium has good acoustics, wherein you will very rarely require microphones.

Regular Maintenance

As with any other building, school buildings need regular maintenance, and this is especially true if they are modular. All the various energy efficient systems that have been put in place need to be checked and serviced regularly in order to ensure smooth functioning and optimal efficiency. Neglecting to maintain the systems regularly will render all your initial efforts futile and will in fact begin to prove counterproductive.

Thanks Kathy for your article.  Now it is your turn.  Have you designed for a green or LEED school facility?  Considered modular construction as part of your design?  Share your thoughts below.

Give Way or Yield? The jurisdiction of your contract does matter! (Law note)

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give way signHave you ever been to England?  If so, you’ve likely seen their version of our “Yield” sign– the “Give Way” sign.  It is a bit jarring to those from this side of the “big pond”.

Similarly, contracts can be worded differently– and, interpreted differently– depending on the state that you are in.  This is why it is always a good idea to have your contract or proposal vetted for the state(s) where you provide professional services.

When confronted with a “give way” sign you have the general idea of yielding, but might be confused by that whole “left side of the road” thing in some countries, where if you are turning right, you must give way to all vehicles coming towards you including those turning left.  Likewise, you might have a good understanding of your construction contract in one state, but not how it would be interpreted in another state.

As just one of many examples– the statute of repose can vary widely.  In North Carolina, it is 6 years.  In South Carolina, it is 10 years.   The jurisdiction (state) that you are in does matter– sometimes critically so.

Have you ever found yourself in trouble because of a difference of state laws from what you are most familiar with?  Share in the comments section below.

 

 

Learn from SONY: Don’t use trash talk in your construction project emails!

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A hibernating bear and her cubs

Lessons in construction administration come from everywhere — including the SONY scandal.

In case you are a bear hibernating in a cave (in which case, go back to sleep!), you’ve heard about the SONY hacking that was apparently, but not definitively, done by North Korea due to their displeasure over the movie The Interview.  And, you may have found it amusing to read of the inner bickering at SONY, at lease until the threat of a national incident and the (at least temporary) yanking of the movie from its planned Christmas release.

Lost in all of the discussion about taste, censorship, security, and First Amendment rights, however, was a simple lesson for each of us.  Never put anything in writing that you wouldn’t want to see on the TMZ report, the Wall Street Journal, or the New York Times.  For example, don’t call one of the biggest stars in your studio (Angelina Jolie) a “minimally talented spoiled brat.”

I’ve written about this before, but this is a fine time to remind you that someday, someone will read your emails.  And that someone will not be privy to your internal jokes, quirky sense of humor, or understand that you just had a bad day.  If you have to have those awkward conversations– have them in person, or at least on the phone.  Don’t play around with written communications.  Every email, text, tweet, Facebook post, letter, note, or diary entry can be discoverable in a lawsuit.

We’ve all done it.  Sent inappropriate emails.  Vents.  Laments.  Stop.  Endeavor to be boring rather than funny in all of your online accounts.  You may be only laughing on the inside, but you’ll still have a job, respect, and knowledge that there are no hidden documents waiting to shame you at the stroke of a hacker’s keyboard.  And, tell your employees to do the same.

Do you have an example of getting an inadvertent email or text?  Something that could have been embarrassing if it leaked beyond your firm?  Share in the comments below.

Photo courtesy Wikimedia.