Lien Law Unlikely To Change– Yet

detour signFor those of you following the proposed revisions to the NC lien law that is currently at the NC House Judiciary Subcommittee B, a quick update:  the proposed bill (HB 489) is unlikely to be voted on this legislative session due to its unpopularity with several constituency groups, including both the AIA-North Carolina and the NC Home Builders Association.

According to NC Bar Association Construction Law section chair, Nan Hannah, a vote is unlikely in this legislative session.  However, there is the potential for a study commission to continue the conversation and discuss alternative lien law changes that might satisfy all constituents.

Such a study commission will only occur is Subcommittee Chairman Paul Stam hears from those in the industry that such a study commission is desired.  In addition to the Construction Section of the Bar, the American Subcontractors Association of the Carolinas supports the idea, as do other industry groups.

If you want to add your voice of support for a study commission, contact Representative Stam  or Co-chairman Representative Grier Martin.

Do you believe that the proposed lien law revisions adequately protect designers? Is a study commission worthwhile?  Share your thoughts in the comments section, below.

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Photo: (c) freefoto.com via Creative Commons License.

New Sustainability Rating System Set to Launch

Design sustainability ISI logo

Are you aware of the new sustainability system being developed for infrastructure?

The non-profit Institute for Sustainable Infrastructure (ISI) is developing an infrastructure ranking tool called envISIon.   The new  ISI rating system will be founded on the “triple bottom line” concept of sustainability, which includes environmental, economic and social considerations.  It will include an option for third-party verification, and will be applicable to a wide range of infrastructure projects, from roads and bridges to energy and water systems.

As of earlier this week, Version 1.0 of the sustainable infrastructure ranking tool has been accepted by the ISI Board and, after  a sixty day technical review, will be placed on the ISI website for public comment starting in July 2011.

Following the public comment period, which will last as long as six months, envISIon will be made available as a commercial product. In the meantime, ISI and its Founding Organizations, the American Society of Civil Engineers (ASCE), the American Public Works Association (APWA) and the American Council of Engineering Companies (ACEC), will be focusing on identifying and certifying assessors.   

By the end of 2012, projects assessed as “sustainable” will be eligible for public recognition by the Institute for Sustainable Infrastructure.

Are you interested in the new sustainability system? If so, check back with ISI in July to obtain your copy of Version 1.0 to review.  If you would like to share your comments with blog readers here, just give me a shout out.

Free AIA & USGBC Credits at Upcoming Webinar

This just crossed my desk:

A free 1 hour webinar “Sustainable Schools:  Design, Construction & Operations” will be held by ED&C magazine on Thursday, May 26th, 2011  at 3pm EDT.

school children crossing sign

How One School District Changed Behaviors and Buildings to Achieve the Nation’s First Net Zero School

Warren County Public Schools in Bowling Green, KY is the home of the nation’s first Net Zero school building. The district, that grows by about 400 students annually, has built six new schools since 2006. Each building has served as an energy efficiency milestone as officials have honed designs to achieve a 77,000-square foot building that operates at 18 kBTUs per square foot. The limited energy consumption coupled with the revenue from solar panel production allows the elementary school to operate without cost. The district designed the building to be a hands-on energy museum for the students to continue learning about energy.   The Net Zero School milestone is just one of many accomplishments of WCPS that has also offset $6 million in energy costs since 2003 by changing behaviors and mindsets.

  • Examine how the Warren County Public Schools district changed mindsets and offset $6 million in energy costs in less than eight years
  • Evaluate how the school district honed its building designs to achieve a school capable of producing as much energy as it consumes to achieve the nation’s first Net Zero school building
  • Analyze how the district is taking what is has learned and passing it on to its students through children’s Energy Team initiatives and challenges
  • Define the new methods the district had enacted to enhance its massive energy-savings initiatives, buildings and programs

Go here to register.

The program qualifies (with certain requirements) for:

  • 1 GBCI CE Hours towards the LEED Credential Maintenance Program; and
  • 1.0 AIA learning units

More about the Net Zero school can be found in this post on the Biofriendly Blog

Photo: (c) freephoto.com via Creative Commons license.

Surety Bonds & Baseball (Guest Post)

ballpark construction surety issuesIn lieu of a Tuesday Tip, today we have another Guest Post, this time by JW Surety Bonds, an A+ BBB-rated surety agency outside Philadelphia that sells surety bonds nationwide.

Take Me Out to the Surety Bond Game

Nothing says summer like heading to the ballpark for nine innings of cheering, athleticism and hotdogs. While the excitement of professional sporting events may not immediately bring to mind the less-thrilling (yet highly important) world of surety bonds, the two are intricately tied together.

Most obviously, multi-million contract bonds start the process of any new stadium building project. As stadiums get more and more complex, each trying to outdo the previous contender, the financial strain put on contractors becomes more acute. Thorough research is needed by surety companies to weed out wanna-be firms from those with the actual resources and know-how to erect a high definition, 4-D, interactive scoreboard the size of theChryslerBuilding. Team owners need to know their pampered players will have a locker room to call home by the time opening day rolls around, or risk the ire of sports-deprived fans.

Beyond the general infrastructure, bonds are also required to secure everyone’s favorite part of a sporting event: the beer vendors. Corporate catering services or individual vendors hired to work in a stadium may be required to obtain liquor tax bonds as a promise to the government that they will truthfully report and pay all applicable taxes on alcohol sales.

Stadium owners can also require that food vendors of all kinds secure a performance bond to cover the length of the season. While the details of such a performance bond vary widely, they essentially serve to guarantee that the vendor will provide enough soft pretzels, hot dog buns and roasted peanuts to last through playoffs. Should a vendor default on their bond, the stadium owners could file a claim to receive funds to hire someone else to feed the masses for the remainder of the season.

About the only thing in a stadium that can’t be bonded is the players, but not for lack of trying. In 1983, the coach of aUSOlympic volleyball team admitted to requiring his star player to post a performance bond. The player had previously quit, and the coach demanded a cash deposit to guarantee the player would stick around through the 1984 Olympics if he was allowed back on the team. While creating a contractual and financial obligation for a pitcher to complete a no-hitter or a pinch hitter to steal a given number of bases would be appealing to team managers, it’s neither practical nor beneficial.

With the average cost of a new stadium at just below half a billion dollars, and annual sports revenue well into the millions, it makes good business sense for owners to carefully vet and bond all parties involved, ensuring a homerun success.

Questions or comments about surety bonds, and your experiences dealing with bonding companies?  Share in the comment section below. 

If you haven’t already, be sure to also sign up for email or RSS delivery  direct to your inbox or reader so you never miss a Construction Law NC blog  post!

 Photo by  vivoandando via Flickr/Creative Commons license.

Don’t say Please– Threaten to Tow! (aka Contracts matter)

 

No parking please sign No parking tow sign

 

I was wandering through downtown Wilmington, North Carolina the other week after a trial was pushed off of the court docket.  Not two feet away from each other I saw these two signs.

Ask yourself—if you were looking for an (illegal) parking spot to run a quick errand—which spot would you park in?  The one with the sign that nicely asks you not to park there, or the one with the sign that says they will tow you if you do?  I think we can all agree that in this case, being nice does not help that parking spot’s owner.  You know the other guy means business, so you take him seriously. 

What does all this have to do with architecture or engineering? 

It is a stark reminder that words can be powerful.  Your contract language can make the difference between getting what you want (the empty parking spot) versus having to live with something you don’t (someone in your space).  It can mean the difference between the dispute venue you favor or the right to additional compensation.

When it comes to your livelihood, don’t chance it to be nice.  Gentlemen’s agreements and saying “please” just don’t cut it any more.

Which parking spot would you use? Do I even have to ask?  Saying please is all well and good, but stating your rights upfront will get you farther.  Sign up for email updates directly to your inbox, so you never miss a post here at Construction Law NC!

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Photos in this post: Creative Commons License