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Showing posts from September, 2009

Litigation-I Win, You Lose vs. Mediation-Win/Win

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  Litigation is a zero-sum game.  It destroys relationships and fosters enmity between the parties.  Parties rarely walk away happy.  Even if they win, the expense of litigation is enormous, and collecting on judgments is difficult. Disputes ultimately resolve, but the focus on winning at any cost can lead to prolonged legal battles.  Living with a lawsuit causes ongoing stress, which can distract you from your business and even have an effect on your health. In a courtroom, the final decision lies with a judge or jury who may not fully grasp the complexities of the case. Parties relinquish control over the outcome, potentially leaving them dissatisfied with the final judgment. Mediation has the opposite effect.   Rather than polarizing people, it enables the parties to attack the issues and not each other.     The process promotes open communication, collaboration and problem-solving, which enables parties to actively participate in crafting mutually beneficial solutions.   It res

General Contractors: Beware of Your Subcontractors!

In a certain sense, I hate writing this blog post. It suggests a lack of trust and confidence between parties who are working side by side, and who may have worked together for years. However, in this economy, many are caught by surprise when a business goes awry. There are ways a general contractor can prevent nasty surprises from subcontractors, and vice-versa. 1. Make sure your subcontractors are in good financial shape. You might even want to go as far as doing a credit check on them. You need to know that they can pay their workers, provide proper equipment and have enough manpower to handle the job. 2. Check subcontractors' insurance policies and make sure they are current with high enough limits to protect you. If they have employees, be absolutely sure that they carry worker's compensation insurance. 2. Find out what else they're working on. If subcontractors are over-extended they can cause delays and throw off the whole project. 3. Insist on lien waivers

Energy, Post-Occupancy and Codes-Where is LEED Going?

This post at the Virginia Real Estate, Land Use & Construction Law Blog raises a number of the issues about LEED that I have been speaking about for a while. Is LEED going to win out, or will other green regulations take precedence? What is going to happen when buildings start getting decertified? What about evaluation of building performance? Finally, you may ask why I post so much about green construction. The reason is it is not only the wave of the future, it is now. Even the White House is moving towards LEED certification. Builders who ignore developments in green building are keeping their heads in the sand. http://www.stumbleupon.com/s/#6phPGm/www.valanduseconstructionlaw.com/2009/09/articles/green/leed-1/energy-postoccupancy-codes-the-ghosts-of-leed-present//

Lienholder Beware:Suing to Enforce a Mechanic's Lien

Scott Wolfe does a fabulous job of keeping up with mechanic's lien issues. In this post, he discusses how easy it is to lose one's ability to enforce a lien by not following the proper steps to perfect it: http://www.constructionlawmonitor.com/2009/09/articles/mechanics-liens/how-not-to-recover-on-a-mechanics-lien/

Green Roof Fire

This video shows that green roofing responds properly to fire and does not spread to the building itself. My question is, does this affect the viability of the plants if they have to be chosen for resistance to fire? This video came via Chris Cheatham's blog. http://www.stumbleupon.com/s/#AO2zvz/www.greenbuildinglawupdate.com/2009/09/articles/legal-developments/insurance/have-you-ever-wanted-to-see-a-green-roof-fire//

The Importance of Signs at Your Construction Site

I certainly notice when I see one of my client's signs at a site, but it turns out that other people do as well: http://constructionmarketingideas.blogspot.com/2009/09/signs-signs-signs.html

Stylish Solar Roof Panels-A New Product

Check out these solar roof panels that look like traditional roofing tiles: http://www.solarfeeds.com/energy-boom/8756-stylish-roof-solar-panels-are-coming.html

Why You Need a Contract

I was at a NARI (National Association of the Remodeling Industry) meeting last night and was speaking with a contractor. He said, "I don't even use contracts," and appeared troubled by the notion of doing so. I am sympathetic. I have spoken with so many contractors who reminisce about the days when everything was done on a handshake. Unfortunately, those days are long past. It is possible to view contracts in a positive light, however. In law, the definition of a contract is a "meeting of the minds." When one considers the meaning behind these words, a written agreement is really a wonderful document. It ensures that the communication between the parties has been clear, and that each has given careful thought to his or her priorities and understanding of the job. Disputes are prevented because possible issues have been anticipated and addressed. A good contract includes so many provisions that are important, such as scope of the work, allowances, payment