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

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.

Engineers: the Aliens who Make Our Lives Better (Guest Post)

Today we have a guest post by Tim Fausch (adapted from and reprinted with permission by BNP Media), publishing director of BNP Media’s Architecture, Engineering & Construction, Security and Mechanical Systems Groups, a collection of more than 20 trade magazines, Web sites and e-newsletters.

alien x-ray

I’ve been thinking a lot about engineers lately and concluded they must be alien beings. For reasons I do not understand, God sent these advanced life forms to earth to keep people like me from mass chaos. There must be an engineering angel whose job is to keep us from self-destruction.

A recent development led me to this epiphany:

This summer, I started demolishing a retaining wall and deck my father built back in the 1960s. The cinderblock wall and cement deck functioned beautifully around our above ground swimming pool for most of my youth.

Then, in the 1970s, my dad transformed our pool into a garden, and it has been producing tomatoes and onions ever since. Unfortunately, my father passed away and the secrets of his cement structure were lost forever.

The structure was showing some wear and tear, so the “smart” thing to do was to knock it down and return it to its long-ago status as a grass-covered hill.

“This will be a piece of cake,” I told my family members. “Just a few hardy swings with a sledge hammer and we’d reduce the structure to rubble.”

Somehow, I severely underestimated its structural integrity. The cinderblock wall wasn’t so bad, but the cement deck apparently was built to the same specs as the Hoover Dam.

The pad was several inches thick and hid an encased a wire mesh. Nearly a half century later, it was still solid as a rock.

It took five adult men countless hours to slay the beast. We only missed our target demolition date by three weeks.

Did I mention that my father was an engineer? This is the same guy who reveled in assembling televisions from 500-part kits (Heath kits), so it was really brainless of me to think this structure would come down in less time than the fall of the Berlin Wall.

If I had been in charge of this project it would collapsed decades ago. It would have caved in the pool, creating a tidal wave that would have flooded our basement. The insurance adjuster would have concluded a tornado blew through our yard. I would have nodded in agreement.

I don’t know about you, but every time I drive over a bridge, ride an elevator, or fly in a plane, I am thrilled to know that somehow an engineer made these things work.  Engineers – the aliens who make our lives better.

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Photo by suttonhoo via Creative Commons License.

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

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)

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

ENR’s Top 500, the Economy, and Lawsuit Fever

Engineering News-Record logo

[This article was originally published on May 5, 2011]

Engineering News-Record (ENR) has released its annual list of the largest 500 design firms in the United States.  The list is based on design revenue generated by the firms, and covers both public and privately-held companies.

The bad news?  According to ENR, overall design revenue of the top 500 firms ($79.8 billion in 2010) was down 0.2% from 2009.  I know my clients have been hit hard.

One thing that construction lawyers see in down markets is more lawsuits.  Whereas in good times people will let something go to move on to their next project, in slow times contractors and owners sometimes look for a scape-goat.  That scape-goat, more often than not, is an insurance-carrying design firm.  Sad, but true.  Now, more than ever, make sure that you are practicing good risk avoidance, documenting everything, and communicating thoroughly.

There is some good news:  “There is a general feeling among the Top 500 firms that the markets will recover over the next 12 months.”  Let’s hope they are right.

What do you think?  Will the market improve this year?  How is your company weathering the economic storm?