Tag Archives: architect

Learn about State Construction issues at upcoming conference (Tue Tip)

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Registration is now open for the 30th annual State Construction Conference.  For those who are unfamiliar with the conference, the conference brings together state agencies and institutions with architects, landscape architects, engineers, contractors, and subcontractors to discuss issues relating to the planning, design, and construction of state projects.

Topics for the 30th conference will include:

  • Double payment of contractors
  • NC Board of Examiners for Engineers and Surveyors – case studies and policies
  • HUB overview
  • Pre-qualification of single prime contractors
  • Geothermal (pros and cons)
  • Special inspections
  • Life cycle cost analysis

NCSUimageOPD

 

 Conference Details:

When:  March 24, 2011

Where:  McKimmon Conference & Training Center, NC State University, Raleigh, NC

Credits:  Architects, engineers, and attorneys will earn 7 credit hours (pending approval by Boards).

Reception:  There will be also be a networking reception and expo sponsored by the Office for Historically Underutilized Businesses following the conference sessions.

To register:  click here  (Pre-registration is required, and cut-off is March 11th).

 Planning on attending?  Let me know and we may be able to meet up for coffee.

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Photo: (c) Office for Professional Development, NCSU

 

 

Why should a Designer worry about the Contractor’s insurance issues?

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Insurance: not just for Geckos anymore

You may wonder why you, as the designer of record, should care about the insurance coverage of the contractor on your construction projects.  After all, that is an issue between the contractor and the owner, right?  Not so fast.  Recent court cases addressing whether or not commercial general liability (CGL) policies provide insurance coverage for a contractor’s poor workmanship can create problems for architects and engineers.

Since architects and engineers usually have errors & omissions policies (and you do have E&O coverage, right?), they may be the only ones with “deep pockets” should litigation arise over construction defects.   The take-away?  It *is* your business to make sure that the contractors on your projects have sufficient resources to pay for construction defects.  It is also in your best financial interest to ensure that you are only working with top-notch, quality contractors. 

The insurance folks at Victor O. Schinnerer & Company recommend:

More than ever, design professionals should use sound risk management practices when selecting new projects—especially condo projects. Design professionals should insist upon providing full construction phase services and should urge developers to retain contractors using qualifications-based selection procedures. 

I wholeheartedly concur.

Questions?  comments on how Builder CGL policy issues are relevant to your design risks?  Drop me a line.

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Photo: “Geico Gecko”  by Scott Kinmartin via Flickr/Creative Commons License.

Root canals & Lawsuits: two things to avoid (Law Note)

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man flossing

 No one (with the exception of sadistic dentists)  likes root canals, and no one (except lawyers) likes lawsuits.  In the same way you can prevent (or limit) the need for root canals through proper flossing habits, you can limit the number of lawsuits you need to be involved in if you include everyone you should the first time around.  For those involved in filing construction liens, this means that when you perfect a lien by filing the lawsuit, be sure you include everyone you need to include.  A recent North Carolina Court of Appeals case demonstrates this principle in full living color.

In Lawyers Title Insurance Corp. v. Zogreo, LLC, __ N.C. App. __ (November 16, 2010), two contractors filed and perfected valid liens on a piece of property.  They did not include, in the lawsuits to perfect the liens, the banks which had given funds to the property owner after they first began work on the property.  The Court held that it was entirely proper not to include the banks (who held deeds of trust on the property to secure their loans); however, by the contractors’ failure to include them, they were forced to later litigate priority issues with the banks.  This is because “if a subsequent encumbrancer is not joined [in the underlying lien perfection lawsuit], he is not bound by the judgment in the action between the contractor and the owner.” 

In other words, even though they filed proper liens, filed the lawsuits timely, and even won final judgment in those lawsuits, because they did not include the banks, the banks were free to start a new action, which they did in this case.  The banks also obtained an injunction to stop any judicial sale of the property until priorities could be established.

Moral of the story? It is better to include all subsequent encumbrancers (i.e., the banks) when perfecting a lien.  It’s not required, but it is better practice.  (And flossing your teeth isn’t required, either).   After all, who wants a root canal, or, in this case, to re-litigate your right to be paid money in yet another expensive lawsuit?  When it comes to root canals and lawsuits, fewer is better.

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Photo: Day One Hundred Fifty-One by Eric Mesa via Flickr/Creative Commons License

Tues Tip: Prepare for new ADA Standards

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ADA sign   The Americans with Disabilities Act (“ADA”) has been a standard in construction since its was signed into law by President George   H.W. Bush in 1990.  However, there are significant new changes coming, thanks to a new Department of Justice Rule and Standards.  The new Rule becomes effective in a little over two months– on March 15, 2011.  The new Standards are not mandatory until next year (March 15, 2012).  Buildings can currently be constructed to meet either the current or the 2010 Standards; however, the 2010 Standards will become mandatory next year.

According to the Department of Justice, some of the changes that design for new construction will need to accommodate include:

1. Reach Range Requirements (Section 308)

The reach range requirements have been changed to provide that the side reach range must now be no higher than 48 inches (instead of 54 inches) and no lower than 15 inches (instead of 9 inches). The side reach requirements apply to operable parts on accessible elements, to elements located on accessible routes, and to elements in accessible rooms and spaces.

2. Water Closet Clearances in Single User Toilet Rooms (Sections 603, 604)

In single-user toilet rooms, the water closet now must provide clearance for both a forward and a parallel approach and, in most situations, the lavatory cannot overlap the water closet clearance. The in-swinging doors of single use toilet or bathing rooms may swing into the clearance around any fixture if clear floor space is provided within the toilet room beyond the door’s arc.

3. Common Use Circulation Paths in Employee Work Areas (Sections 203.9, 206.2.8)

Under the 1991 Standards, its was necessary to design work areas to permit an employee using a wheelchair to approach, enter, and exit the area. Under the 2010 Standards, it will be necessary for new or altered work areas to include accessible common use circulation paths within employee work areas, subject to certain specified exceptions.

4. Location of Accessible Routes (Section 206)

All accessible routes connecting site arrival points and accessible building entrances now must coincide with or be located in the same general area as general circulation paths. Also, where a circulation path is interior, the required accessible route must also be located in the interior of the facility.  [Editor’s note: this requirement will help meet the Universal Design principle of equitable use by all persons.]

These are just some of the many changes.  The DOJ ADA website offers several fact sheets and the actual regulations, so take some time to review it if you have not already.

Questions about the Americans with Disabilities Act?  Comments about how these changes will affect your projects and how you are adapting plans to accommodate these coming changes?  Drop me a line in the comment section below.  Also, be sure to enter your email to get delivery of posts direct to your email inbox to be sure you never miss a post.

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Photo:  “Minneapolis Road to Freedom 71“by Transguyjay via Flickr/Creative Commons License.

wind turbine

NC Green Contractors & Professionals Directory (Tue Tip)

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wind turbineUpdate 3/9/2017: The NC Solar Center is now the NC Clean Energy Technology Center.  When last visited, the Professional Directory was no longer active.

Considering a Renewable Energy project?  Professional who specializes in green construction?  Either way, check out the North Carolina Green Professional Directory, published (with disclaimers) by the NC Solar Center.  The directory is searchable by professional type, by green technology, and by location, and professionals who qualify can apply to be added to the directory.

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Photo from NC Solar Center