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Showing posts from December, 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

Green Houses are Booming

Statistics keep supporting the fact that green construction is up, even though the construction industry has been hit hard by the economy. If you aren't learning about green construction, you should be. http://content.usatoday.com/communities/greenhouse/post/2009/12/green-home-sector-booms-despite-housing-slump/1

Challenge to Massachusetts Builders

Send me your residential renovation or new construction contracts (residential or commercial). After signing an engagement letter, I will review your contracts for free! If I don't find five things that might hurt your business, I will donate $50.00 to charity. If I do, you agree to donate $50.00 to charity. That's it. No strings attached. You do have to let me explain my recommendations to you; preferably in person.

Conclusion of Risks in Green Construction

Conclusion More risk in green construction Maintain excellent communication with your clients Allocate risk and responsibility in your contract. Keep apprised of developments in state and local law. Maintain familiarity with available rebates.

Dealing with Suppliers in Green Construction

Suppliers Only choose reputable suppliers Include disclaimers if consumers or designer insists on an unfamiliar product. Make sure you acquire all necessary documentation for installation, warranties and rebates. Make sure proper installation procedures are followed.

Contracts with Designers in Green Construction

Designers: Allocate liability between builder and designer as clearly as possible Reserve right to trump designer if not feasible or in violation of local laws or building codes. Consider whether designer will remain involved throughout the project. Request indemnity clause. They will pay the builder back if they are held liable.