Author Archives: Melissa Dewey Brumback

Pick Up the Phone! (Tues Tip)

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phoneToday’s Tip is a simple one: Pick up the phone to ensure good communications on the construction project.  Too many of us naturally default to email or text message when communicating on the fly.  Without the tone of voice, however, many times things get misconstrued or taken out of context. 

I’m sure you’ve had the experience of emailing someone, and later learning they are mad or offended at something you said.  You thought the comment was innocuous.  They took it the wrong way.  Apologies were necessary; feelings were hurt.

While telephoning the other party can take more time, it keeps things on an even keel.  Tones can be “read” and misunderstandings can be cleared up right away. 

The next time you need to have a substantive communication with the Owner or Contractor, try the telephone.  You know, that email-checking/text-enabling device that is always with you?  It can telephone folks too.  Try it.

This post was in no way inspired by any misunderstood emails involving the author.  (Am I serious, or kidding? Hard to tell, isn’t it?).

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Photo:  (c) Victor Manuel via Creative Commons license.

 

 

Construction, er make that CONTRACT, Administration services: a primer (law note)

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[Update 12:42 pm ET, 11/3/11– CA is for Construction Contract Administration, or “Contract Administration” for short- thanks Liz O’Sullivan]

 One of the Architect’s responsibilities on a construction project is that of construction contract administration (“CA”).  While not every contract contemplates the architect performing a CA role, most commercial construction projects do.  What, exactly, should be included in the CA role?  The CA role can be whatever the parties agree upon.  In fact, the AIA A201 form contract documents anticipate that the architect’s role will be defined in an exhibit. 

Construction Construction Contract Administration
§ 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect’s responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents.
What, then, should be included in the CA role assigned to the architect?  The nature of the construction administration role is project specific.  Some projects require a full-time on-site architect, a clerk of the works, or a weekly or bi-weekly site visit.  Because the nature of the CA role cannot be adequately described in a form document, it is especially critical that you take care to describe the specific CA duties assigned to the architectural team in detail.
site observation by architect
 
One of the main CA roles for the design team is that of site observation. Consider:
  • What frequency is contemplated for visits?
  • How long should those visits last? 
  • What is your role during such site visits?
I see many disputes that arise over a misunderstanding as to how often the architect should be on-site, and what his role is in observing the contractor’s work once he is there.  Again, being specific will only help you to avoid misunderstandings, possible litigation, or even extra liability later on.
 
Perhaps the most important concept to remember for your CA role on a construction project: never agree to “inspect” the contractor’s work.  Your role should be observation to see that the work is in general conformance with your design.  You cannot guarantee the contractor’s work (nor would such be insurable).  Therefore, be careful to use the word “observation” and not the word “inspect” in your CA description.
 
What have been your construction observation experiences? Drop me a line and tell me your story.  (And thanks to my many new readers to the blog this week!).
 
 
 
 Photo (c) Mark Hogan via CC.
 
 

 

Despite a Weakening Housing Market, Green Building Trends Soar (Tue Tip guest post)

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Today’s Tip is a guest post by Alex Levin,  a marketing specialist who writes on a variety of topics related to the construction industry such as surety bonding requirements to  eco-friendly building trends.

 

There are few bright spots in the housing market.  According to recent reports, home prices have fallen 30 percent since 2007.  That decline is more than what happened during the Depression.

Despite these anemic numbers, green construction and energy efficiency models are being sought by buyers and homeowners. This is due to an increasing recognition that earth friendly buildings are good for the wallet. Green construction starts went up 50 percent, from $42 billion in 2008 to $71 billion in 2010. It’s estimated ecological friendly construction represented 25 percent of last year’s new building starts. The commercial sector has seen the most activity, where a third of all new work meets green standards.

green building

A “green” building?

As eco-friendly buildings are growing in popularity, many new developments have entered into the construction industry. Here is a look at the latest trends for green construction.

  1. Outcome based energy codes. Presently there is no incentive for buildings to retrofit to conserve energy. The only time there are concerns is when permits are needed; however, once heating and cooling systems are installed there’s no need to consider if the systems are effective. That may all change thanks to outcome-based energy codes. With these codes, owners and builders could agree to a pre-arranged energy target. This would be checked annually, and should measurements be off, retrofits would be required in order to achieve the agreed upon energy consumption. For homeowners, this means peace of mind and better control of finances as they’ll now know how much their building is expected to spend in energy use.
  2. Sharing energy.  For those who love friendly competition, social media is now branching out to entice users to battle it out for the title of most energy efficient. The site Earth Aid allows users to track their energy use ,and rewards are given out for top conservationists. These points can be used with local vendors to purchase a variety of eco-friendly home goods. Not only can users cash in their winnings, they’ll also earn bragging rights for saving the most electricity, which ultimately also saves them money on their monthly bills. [ditor’s note: Earth Aid site no longer appears available as of 7/13/2016].
  3. Community sharing. Similar to energy sharing, community sharing allows neighborhoods to band together to receive competitive pricing on installation costs and solar panels. Currently both Portland, Ore. and Philadelphia have these types of plans. Retrofit Philly pits neighborhoods against each other to have home and building owners involved in heating and cooling upgrades. Residents who participated in Solarize Portland received cheaper discounts in solorizing the property. Savings were increased even more when popularity grew and more people joined the effort.
  4. Smart appliances. With the use of smart meters, homeowners no longer have to wait until the end of the month to know how much they’ve spent in energy. These appliances provide detailed feedback on energy use as it happens. This allows for more control over spending and conservation during peak hours, when energy is most expensive. The new meters can also be used to find out how much juice each appliance consumes in real time. This can also help to provide a detailed report on how much energy is consumed when appliances aren’t in use, as many appliances, when simply plugged in and set to “off,” still bleed energy, leaving homeowners footing the bill for something they aren’t even using.
  5. Green is for everyone. Although green construction is increasing, there is a perception it’s a rich man’s game. Fighting this perception are affordable housing groups like Habitat for Humanity and local land trusts. These organizations are building, and selling, Leadership in Energy and Environmental Design (LEED) and Energy Star homes.  These sales are occuring nationwide, and include homes priced as low as $100,000.  Energy upgrades can be paid for with new programs, including low-cost audits and utility bill-based financing (i.e., Clean Energy Works Oregon and Solar City).
  6. Residential greywater use. The reuse of gray water (i.e., all waste water minus what’s used in the toilet) is turning into a common practice.  Gray water provides numerous benefits such as reducing the amount of fresh water used, decreasing strain on septic systems, replenishing groundwater, and maintaining soil fertility.

What are your thoughts about green building trends?  Do your clients want “green” incorporated into their projects?  Share your experiences in the green market in the comments section, below.  And, be sure to sign up for email delivery of blog posts directly to your in-box so you never miss a post here at Construction Law North Carolina.

Photo (c) C. Frank Starmer via Creative Commons license.

Standard of Care for Engineers- the Jury Instruction (law note)

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Not perfection I’ve previously talked about the standard of care for design professionals on construction projects. 

As you should be aware, the standard is reasonableness, not perfection.  To illustrate the point, consider a standard North Carolina jury instruction on the standard of care for engineers:

 “Under our law, a professional engineer is required to exercise that degree of care which a professional engineer of ordinary skill and prudence would exercise under the same or similar circumstances, and if the engineer fails to exercise such degree of ordinary skill and prudence under the same or similar circumstances, the engineer’s conduct would be negligence.”

For an architect, just substitute the word “architect” for “engineer” in the jury instruction above.    Sometimes it can be challenging to meet a client’s expectations, and some clients believe that plans should (and can) be perfect.  In your discussions about the project with the client, be sure the client has reasonable expectations.  It is not reasonable to expect perfection in design plans.  Unforeseen conditions, changing criteria, and differing code inspector interpretations are all to be expected.  Educate your client about typical errors & omissions at the start of the construction project.
 
Do you have a question about the standard of care?  Drop me an email at [email protected].  Be sure to sign up for email delivery of blog posts directly to your inbox so you never miss a post!
 

A helpful compilation of Construction Search Sites (Tue Tip)

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A fellow blogger sent me this link, which contains a few nuggets of good information.  The post title is “Top 30 job sites for commercial construction” and it is a compilation of sites that list construction projects up for bid, construction jobs, and related construction information. 

Close-up of large rusty chain links

Some of the links are better than others, but you might just find a great go-to database that meets your needs.  Check it out!

Photo:  (c) Horia Varlan via CC