TEN NEW YEAR’S RESOLUTIONS FOR CONTRACTORS-2021

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   As I sit down to write my annual list of resolutions for contractors, I am amazed at how much things changed in 2020. Construction was going well and then, in March 2020, COVID-19 hit. At first, we thought it was going to be a disaster for the construction industry. States, cities and towns shut down projects and many applied for PPP loans. Then, something amazing happened. Construction was considered an essential service and everyone was back to work.  That said, the work world changed: companies were donating their PPE to frontline workers, COVID-19 protocols had to be followed and paperwork had to be filed. Everyone was scrambling to figure out how to comply and keep their businesses going. So, you may or may not ask, what was I, as a construction lawyer doing? I spent March and April thinking about the new risks contractors/construction companies were facing and developing contract clauses to protect the industry. I wrote a number of blog posts with clauses to add to your contra

Leed versus Other Options

Stephen Del Percio, one of the attorneys I follow on Twitter, posted this article on possible alternatives to LEED certification, "Contractor Leads Attack Against Nashville’s LEED Legislation." I found this quote quite thought-provoking:

“This would allow an alternative that focuses on the performance of the building, not on the process of how you got to that performance,” Dominy told the Tennessean.


As I struggle with the constantly evolving world of green construction, that question keeps nagging at me. Will LEED be the only game in town five years from now? Should we all be jumping on the bandwagon to obtain our LEED credentials as new alternatives appear to be arising?

How "green" is green enough? At the end of the day, isn't performance really the most important issue? What about cost? In any construction project, there is always a cost-benefit analysis that goes on.

At a simple level, a couple of months ago I read an excellent post by a Massachusetts contractor, David West, http://meadowviewconstruction.blogspot.com/2009/02/replacing-those-old-windows.html about whether to replace old windows. His conclusion, at the end of the day, was that the cost of replacement windows could not be justified for the energy savings, and one could "tighten up" the windows with some simple fixes.

So, what are you going to do to keep up? Are you going to spend the money on LEED classes and the exam, or are you going to wait on the sidelines and see what prevails a few years from now?

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