Tag Archives: architect

Should You Be a LEED Green Associate? (Tue Tip)

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LEED Green Associate

Those of you who follow my twitter stream know that I recently passed the exam to become accredited as a LEED Green Associate.  The LEED Green Associate is a new credential, and the first level of credentialing that also includes the LEED-Accredited Professional + Specialty.

Why did I do it?  I wanted to have a better understanding of the various LEED requirements and sustainability issues when working with my architect and engineering clients.  Many of my A/E clients are AP certified — most before the new burdensomedetailed requirements were issued (not that I’m bitter or anything!).   I, on the other hand, knew just enough about green design to be dangerous.

While I’m ready not exactly ready to go out and leap tall (green) buildings (no doubt complete with vegetated roof) in a single bound, I do have a much broader understanding of the intricacies of complying with not just Code issues but also LEED issues in mind.

So, to return to the title, should YOU get a LEED Green Associate accreditation?  Yes.  If you are reading here, then you probably would benefit.  (Unless you StumbleUpon’d your way here, in which case, not necessarily!)  If you work with architects and engineers, and certainly if you are an A/E and haven’t yet gotten green credentialing, get your Green Associate credential.   You will learn about a wide cross-section of green issues, including sustainable sites (SS), water efficiency (WE), energy & atmosphere (EA), materials & resources (MR), indoor environmental quality (EQ), innovation in design (ID), and regional priority issues.

Are you interested in becoming a Green Associate?  Let me know and I can share some study tips. 

Or, are you already accredited with the USGBC?  Under the old or new system?  What has it taught you?  Share in the comment section below.

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“LEED Green Associate” and the LEED Green Associate logo are trademarks owned by the U.S. Green Building Council and are awarded to individuals under license by the Green Building Certification Institute.

Case Studies for Sustainable Landscapes (Tue Tip)

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stormwater treatment basin with aquatic plants

Interested in incorporating sustainable landscape solutions into your projects?  The Landscape Architecture Foundation (LAF) has a database of case studies just for you!

LAF’s Landscape Performance Series is an online interactive set of resources to demonstrate the value of sustainable landscapes to agencies, owners, advocates, and others.

The Performance Series includes:

  • Case Study Briefs
  • Benefits Toolkit
  • Factoid Library
  • Scholarly Works

Check it out!

Do you have a favorite resource on the web for your design practice?  If so, drop me a line so I can share your find with your fellow architects, engineers, and construction professionals. 

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Photo: from LAF’s Performance Series Case Study Brief: Kroon Hall, Yale School of Forestry

Yes? Never? Maybe? Contract Clauses for Architects & Engineers (Tue Tip)

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Make plans to attend a free webinar specifically for design professionals.  Entitled “The Bright Gray Line: “Yes”, “Never”, and “Maybe” Contract Clauses for Design Professionals (and how to find the difference)”.

The presentation will highlight challenging contract clauses and approachs to evaluating, negotiating, and managing those clauses.  Among the clauses which will be discussed are those relating to indemnity, the standard of care, code compliance, and document ownership.

The seminar is sponsored by Hall & Company and  presented by attorney David Ericksen, President of Severson & Werson.

When:                  Tuesday, June 14, 2011

Time:                   1:00 pm EDT

How:                    Click here to register

If you attend the webinar, let you know your thoughts afterwords.  I’m planning to attend as well, so we can compare notes.

The Architect Has No Clothes! (or, why subconsultant contracts matter)

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Caesar statute

Everyone is probably familiar with the story the Emperor’s New Clothes.  There, the Emperor is not wearing anything but his birthday suit, and yet everyone is afraid to tell him so.  Today’s lesson is how to avoid being the clothesless fool by making sure you are covered with appropriate contracts with your subconsultants.

Previously we have talked about the need for a written contract on your construction projects.  Usually, the focus is on the contract agreement with the Project Owner.  Just as important, however, is the contract with your subconsultant.

A recent case brought to the attention of the E&O carrier Victor O. Schinnerer demonstrates what can happen when you have a signed contract with the Project Owner, but your subconsultant contract is not yet formalized.

The architect’s subconsultant agreement had been revised by the subconsultant to include the following language: 

Subconsultant’s maximum aggregate liability under this Agreement shall not exceed $250,000.

Having been warned of the dangers of limiting the liability of a subconsultant without having a corresponding limitation in the prime agreement, the architect attempted to further negotiate with the subconsultant. The subconsultant agreed to increase their liability to $500,000 but said “I am told by our legal counsel that based on the work we are doing and the amount of our fee, $500,000 is our limit.  

Work on the project had already started, but the subconsultant was withholding their design documents until they received a signed contract.  At that point, the architect turned to his E&O carrier for advice.

His options were limited at that point, and the architect was left with weighing the risk of a claim in excess of $500,000 versus the risk of a delay claim from the Project Owner if he took time to seek out a new subconsultant.  Essentially, the architect had no clothes.

Keep this lesson in mind the next time you are negotiating with subconsultants about a planned project.  You should ensure that their contract has the same obligations that you have in your contract with the Owner.

Have you experienced a situation where you were contracted to perform, but your subconsultant refused to sign a contract with similar terms? How did you handle it?Drop me a line in the comment section.

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Photo: (c) Mary Harrsch via Flickr/Creative Commons License.

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

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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