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 to Become More Stringent

http://southeast.construction.com/features/2009/1101_GreenDesignAndConstruction-1.asp#

This post is a good follow-up to my recent webinar for Professional Builder Magazine, "Legally Green: Deliver the Green You Promise." It discusses the latest requirement for LEED, which includes providing water and energy-usage data for five years after the building is complete. It means that a building could face de-certification.

From a legal standpoint, this could be a nightmare. Who would be liable? What sort of guarantees are now going to be required from contractors and construction companies? What about those who provide subsequent repairs and maintenance? The issues regarding causation alone could result in years of litigation.

I am going to be publishing a series of blog posts from my presentation that will elaborate on these issues, but I can't help wondering whether the powers that be should be planning more carefully before imposing these restrictions.

This kind of stringent requirement could result in builders pursuing other green certification programs and avoiding LEED altogether.

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