Tag Archives: architect

How Green Building is Evolving Into Something Bigger (guest post)

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Texlon green buildingToday, a guest post by the folks at Vector Foiltec.  Vector Foiltec  invented the use of Texlon (ETFE), and have developed the use of this innovative technology worldwide in the design and constructive industry. Some of the world’s most impressive offices, stadiums, and transport buildings have been developed by Vector-Foiltec.

 

Recent years have seen a surge in the number of designs and commissions of green buildings by designers and architects. All around the world, green, eco-buildings are becoming the benchmark of expectation. Not so long ago, a green building would standout because of how different it was. It would be something new, even quirky, and something unfamiliar that not everyone was comfortable with.

Those days have long gone, however, with a realisation that green building is the way forward, with environmental benefits as well as those attached to finances and quality of life improvements.

Eco-friendly buildings aren’t yet at the stage where we can celebrate them as the final frontier of construction, however. Yes, the new designs of buildings and the materials used certainly mean that an office block can be carbon neutral, but are they sustainable in other ways? The evolution of green building, now and in the future, will center firmly around the ability of designers and construction professionals to create buildings that are not only eco-friendly, but sustainable for use in terms of how they deal with extreme weather or other natural events, such as hurricanes and earthquakes, for example.

Always Working

Meeting the challenge of ensuring that a building can ‘always work’ has been an obstacle for designers. Placement of windows, for example, and the materials used within construction means that issues such as insufficient daylight are no longer an issue.

But what about when there is a power cut, or problems with the water supply?

To reach that searched for ‘final frontier’ that we mentioned earlier, designers need to make a building that can stand independently of central supplies such as electricity and water. This creates new challenges around energy recovery and storage as well as on-site water recycling, but it is possible to achieve results.

When a building is at the level where ‘always working’ has been achieved, a hurricane or other severe weather will then be minimally disruptive to it.

‘Always working’ represents a model for a truly sustainable building.

How It’s Made

The materials used are often the central focus of eco-building and have been responsible for many of the positive results seen in recent years. However, there is still a focus on developing eco-friendly construction materials further, and using them to best effect within a building.

So strong is this focus that there are now homes being constructed from ‘cob,’ and other similar compounds around the world. The great thing about these? They are lightweight, resistant to fire and earthquakes, and also stand up to events such as flooding and powerful winds.

The very meaning and identity of ‘green building’ is changing fast. Architects and designers that combine environmental benefits with true sustainability over the coming years are sure to find themselves in high demand.

Thoughts, comments?  Know of a ‘cob’ home that we should get pictures of?  Post in the comments section below.

Photo (c) Vector Foiltec

Ski Lift Cables–Treasure, Not Trash? One Architect’s Design (news note)

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Recently I was contacted by the folks at repurposedMATERIALS, who shared with me some photos featuring a unique design:  ski lift cables were installed as hand-rails for a housing project.  Check out these pictures:

ski lift cable hand rail design of architect    According to company representatives, re-purposing has both economic and environmental benefits that far outweigh that of traditional recycling:

Re-purposing is creative re-use. It is NOT recycling that has gotten all the buzz since the 1970s.  Remember, recycling requires huge amounts of energy to melt, grind, chip, or shred a waste stream into a useable raw material to manufacture something new.  With “re-purposing”, we deal with byproducts and waste that get a second life because they have value “as is”.

Other examples of re-purposing include using used rubber roofing membranes as pond liners and retired wine barrels as re-purposed trash cans.

Have you had occasion to use re-purposed materials?  Simply think the handrails above are uber-cool?  Share in the comments section of the blog!

Play Nicely in the Sandbox (or, Why GC’s and Subs Should Get Along) (guest post)

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Chris HillToday’s guest post is from Christopher G. Hill, lawyer, Virginia Supreme Court certified General District Court mediator and owner of the Richmond, VA firm, The Law Office of Christopher G. Hill, PC, a LEED AP. Chris authors the Construction Law Musings blog where he discusses legal and policy issues relevant to construction professionals. Additionally, Chris is active in the Associated General Contractors of Virginia and a member of the Board of Governors for the Construction Law and Public Contracts Section of the Virginia State Bar.

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First off, thanks to Melissa for this opportunity to post here at Construction Law in North Carolina. Having co-presented with her and discussed construction contracting from all perspectives, I can safely say she’s good at what she does and shares great insight here at her blog.

Now that the formalities are out of the way, I thought I’d share my thoughts as one who represents many subcontractors and general contractors on the topic of good relationships meaning good business. I am always a bit surprised at the failure of either side of the GC/Sub dynamic to act in a businesslike manner.

Remember, the General Contractor and the subs are in the boat together in many ways. They both have a job to do and, ultimately, an owner at the top of the payment food chain that is looking to get a project done on time. Ultimately, they both have an architect/engineer representing the owner that may or may not be up on the job (sorry Melissa) and may not be trained in project management. If the general and its subs aren’t “playing well in the sandbox” together, the relationships up and down the project chain get all out of whack and cause delays in completion and importantly in payment.

Another phenomenon that happens more frequently than I would like is the general contractor “burning” good subcontractors in an area through making payment (particularly final payment) difficult to receive. While this type of activity occurs on what I am sure is the minority of projects (and fully acknowledging that my practice makes me think that Murphy was an optimist) I am always flabbergasted by this sort of treatment given to a subcontractor that should be helping pull the boat.

While it is obvious that subs need to play nice with GC’s because they have the money, it may seem less obvious how the above can hurt a general contractor. The short answer (and don’t worry I won’t be going into the long one) is that burning good subs eventually means that good subs won’t work with you. Subs talk to each other. Your reputation will precede you. Eventually the economy will improve and you won’t be the only game in town. Not to mention that such actions are the stuff of which claims are made.

In short, getting along costs your local construction lawyer money because he or she doesn’t get to go to court for you. It is almost always less expensive to get along, finish the job and work out payment than to get we attorneys involved in the construction claims process.

To make a long story somewhat less long, GC’s work with the subs and subs, play nice with the GC’s. It’s the best way to a lower stress project and a higher monetary payoff.

Thanks, Chris, for your insights from the contractor’s side of things.  Even if you did (politely) slam the hard-working design professionals.  Reader, now it’s your turn.  Share your thoughts, comments, or questions with Chris or me in the comment section, below.

Architects & Engineers – Are you committing a Class 2 misdemeanor without realizing it? (Tue Tip; law note)

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handcuffsBuried within the general contractor provisions of the North Carolina General Statutes is a little-known provision that can get architects and engineers in hot water.  If you recommend to a project owner anyone who is not properly licensed under the general contractor statute, you have committed a Class 2 misdemeanor.  Really!  Here is the pertinent language:

§ 87-13. Unauthorized practice of contracting; impersonating contractor; false certificate; giving false evidence to Board; penalties

Any person, firm, or corporation not being duly authorized who shall contract for or bid upon the construction of any of the projects or works enumerated in G.S. 87-1, without having first complied with the provisions hereof, or who shall attempt to practice general contracting in the State, except as provided for in this Article, and any person, firm, or corporation presenting or attempting to file as his own the licensed certificate of another or who shall give false or forged evidence of any kind to the Board or to any member thereof in maintaining a certificate of license or who falsely shall impersonate another or who shall use an expired or revoked certificate of license, and any architect or engineer who recommends to any project owner the award of a contract to anyone not properly licensed under this Article, shall be deemed guilty of a Class 2 misdemeanor. And the Board may, in its discretion, use its funds to defray the expense, legal or otherwise, in the prosecution of any violations of this Article.

However, there is also some relief in the same statute, which provides that:

No architect or engineer shall be guilty of a violation of this section if his recommendation to award a contract is made in reliance upon current written information received by him from the appropriate Contractor Licensing Board of this State which information erroneously indicates that the contractor being recommended for contract award is properly licensed.

Has this issue ever really been litigated?  Yes, it has.  While I cannot point to reported cases, I will tell you that I have had this become an issue – more than once – in my practice.  Each time, the design professional knew that the entity involved had been a licensed general contractor, but the entity had lost its contractor’s license before the particular project at issue.

Take-away:  Even if the general contractor is the largest and most well-known in the state, always, always, always check with the Licensing Board to confirm that a general contractor is in good standing before making any recommendation to a project owner.  Just in case.  Since Consider it two minutes well spent.

Questions, comments, experiences with this statute?  Share in the comments section of the blog.

Photo (c) Riki Maltese via CC

 

 

 

When is a Construction Project truly “Complete”? That depends. (law note)

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Crossing the finish line

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Long-time readers of the blog may remember my earlier post on substantial completion.  However, in looking over my blog stats to see what search terms lead people here, it looks like this is hot topic.  The blog searches came in two general categories:

1.  Those searching strictly for a definition of substantial completion.  Some examples:

  • What does “substantial completion” mean?
  • when does a building achieve substantial completion
  • contracts “substantial completion”
  • substantial completion undefined
  • when is a project substantially complete

For those of you who want a definition, I refer you to my earlier post.  Essentially, however, the term is not always defined, which can be part of the problem.  If you are using AIA contract documents, there is a built in description that defines it as when the Owner can occupy or use the building.  Even the AIA definition, however does not state that there must be a permanent or temporary certificate of occupancy before substantial completion can occur.  While some might presume that a certificate of occupany is required, better practice would be to include language that specifically states that substantial completion also requires that the Contractor deliver to the Owner a certificate of occupany. This leads to the second major category of blog search terms related to substantial completion:

2.  Those looking to compare substantial completion with certificates of occupancy.  Examples include:

  • certificate of substantial completion vs certificate of occupancy
  • substantial completion or final completion
  • completion vs substantial completion
  • construction certificate of substantial completion

This can be a confusing distinction, but in reality the two are generally unrelated to each other [unless you state that a Certificate of Occupancy is part of the Substantial Completion process.] A Certificate of Occupancy is issued by the Building Department official when the building fulfills all requirements to be safely occupied.  In contrast, a Certificate of Substantial Completion is requested the contractor and granted by the architect.  Sometimes things that need to be completed before the architect can issue a certificate of substantial completion do not prevent the building of receiving Certificate of Occupancy.  [Unless, that is, you are in an odd jurisdiction, where a Building Inspector will demand a Certificate of Substantial Completion before issuing a Certificate of Occupancy.] A final note:  for those who were wondering about Final Completion, this occurs after the final inspection; i.e., after the architect verifies that the punch list is complete and all contract terms have been met.   [The punch list work can be conducted while the Owner has beneficial use of the building.]  At Final Completion, the final Certificate of Payment is issued. Confused yet? Drop me a line.  And, share below:  what has been your experience with certificates of occupancy and whether or not they relate to substantial completion?

Photo (c) Euromotorworks.