Comments on: Energy Reporting and the Broken Window Problem http://constructionlawva.com/energy-reporting-and-the-broken-window-problem/ Thoughts on the construction landscape from Christopher G. Hill, Virginia construction lawyer, LEED AP and member of the Virginia Legal Elite in Construction Law Sat, 19 May 2012 09:22:16 +0000 hourly 1 http://wordpress.org/?v=3.3.2 By: Christopher G. Hill http://constructionlawva.com/energy-reporting-and-the-broken-window-problem/comment-page-1/#comment-5130 Christopher G. Hill Tue, 23 Aug 2011 13:28:09 +0000 http://constructionlawva.com/energy-reporting-and-the-broken-window-problem/#comment-5130 Thanks for checking in David. I appreciate your insight into the building process. Thanks for checking in David. I appreciate your insight into the building process.
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]]> By: David Stone, AIA http://constructionlawva.com/energy-reporting-and-the-broken-window-problem/comment-page-1/#comment-5129 David Stone, AIA Tue, 23 Aug 2011 04:38:16 +0000 http://constructionlawva.com/energy-reporting-and-the-broken-window-problem/#comment-5129 The point you make is valid; having managed a campus of facilities for 10 yrs I can assure you that many decisions made by maintenance people are DISASTEROUS in terms of energy efficiency. I need LEED AP HVAC techs. Transparency is a critical component of any social responsibility initiative. Determining the financial ROI is simple: cost, return stream, cap rate. If the Owner is factoring in the other bottom lines then there is only value if you toot your horn. Institutional owners take a longer-term view with regards to holding the asset, and require a lower rate of return. But I also want prospective customers, and my neighbors, to know what we're doing, and posting real results helps us retain our ethical right to exist. I must take exception With to the earlier comment re "LEED APs are trained to..." The LEED exam is a test about a system, not a test of competency. APs learn broad concepts (water conservation) and threshold performance criteria (reduce waste water to 50% less than IPC2009) but they don't learn how to design, commission, or maintain a plumbing system to assure continued efficiency. The point you make is valid; having managed a campus of facilities for 10 yrs I can assure you that many decisions made by maintenance people are DISASTEROUS in terms of energy efficiency. I need LEED AP HVAC techs.

Transparency is a critical component of any social responsibility initiative. Determining the financial ROI is simple: cost, return stream, cap rate. If the Owner is factoring in the other bottom lines then there is only value if you toot your horn. Institutional owners take a longer-term view with regards to holding the asset, and require a lower rate of return. But I also want prospective customers, and my neighbors, to know what we’re doing, and posting real results helps us retain our ethical right to exist.

I must take exception With to the earlier comment re “LEED APs are trained to…” The LEED exam is a test about a system, not a test of competency. APs learn broad concepts (water conservation) and threshold performance criteria (reduce waste water to 50% less than IPC2009) but they don’t learn how to design, commission, or maintain a plumbing system to assure continued efficiency.

]]> By: Jim Rumler http://constructionlawva.com/energy-reporting-and-the-broken-window-problem/comment-page-1/#comment-4757 Jim Rumler Mon, 18 Jul 2011 09:07:27 +0000 http://constructionlawva.com/energy-reporting-and-the-broken-window-problem/#comment-4757 There will always be situations that 'blow the curve' so to speak and you are right to bring them up as considerations. I would think a contractual clause which requires the building owner/occupant to document and be held accountable for non-construction and or design related incidents which impact the LEED ratings over a reasonable period should suffice, but whether it matters to the ratings board is another kettle of fish. There will always be situations that ‘blow the curve’ so to speak and you are right to bring them up as considerations. I would think a contractual clause which requires the building owner/occupant to document and be held accountable for non-construction and or design related incidents which impact the LEED ratings over a reasonable period should suffice, but whether it matters to the ratings board is another kettle of fish.

]]> By: Alternative Building Services » Can Liability Cause Contractors to Turn “Green”? http://constructionlawva.com/energy-reporting-and-the-broken-window-problem/comment-page-1/#comment-4275 Alternative Building Services » Can Liability Cause Contractors to Turn “Green”? Thu, 21 Apr 2011 16:55:03 +0000 http://constructionlawva.com/energy-reporting-and-the-broken-window-problem/#comment-4275 [...] few years will come to a screeching, and unfortunate halt. Despite my Eeyore like tendencies and related posts on the subject, this is the worst possible outcome. Sustainable building is a great idea, liability concerns [...] [...] few years will come to a screeching, and unfortunate halt. Despite my Eeyore like tendencies and related posts on the subject, this is the worst possible outcome. Sustainable building is a great idea, liability concerns [...]

]]> By: Is the Sky Actually Falling (on Green Building? | Construction Law Musings- Richmond, VA) http://constructionlawva.com/energy-reporting-and-the-broken-window-problem/comment-page-1/#comment-4172 Is the Sky Actually Falling (on Green Building? | Construction Law Musings- Richmond, VA) Mon, 28 Mar 2011 21:31:14 +0000 http://constructionlawva.com/energy-reporting-and-the-broken-window-problem/#comment-4172 [...] when I was first writing my Eeyore like thoughts most of the thoughts of all us construction attorneys were speculative.  Whether because wholesale [...] [...] when I was first writing my Eeyore like thoughts most of the thoughts of all us construction attorneys were speculative.  Whether because wholesale [...]

]]> By: Dealing with Risks (or “What Eeyore …) http://constructionlawva.com/energy-reporting-and-the-broken-window-problem/comment-page-1/#comment-2682 Dealing with Risks (or “What Eeyore …) Tue, 11 May 2010 14:06:07 +0000 http://constructionlawva.com/energy-reporting-and-the-broken-window-problem/#comment-2682 [...] time horizons and contractual or government requirements on energy goalsEven the possibility of a broken window.ZoningWhile I sometimes feel like we are rushing past these issues without the careful thought that [...] [...] time horizons and contractual or government requirements on energy goalsEven the possibility of a broken window.ZoningWhile I sometimes feel like we are rushing past these issues without the careful thought that [...]

]]> By: Old and New Business Strategies to Weather Construction Recession | Construction Law Musings- Richmond, VA http://constructionlawva.com/energy-reporting-and-the-broken-window-problem/comment-page-1/#comment-2313 Old and New Business Strategies to Weather Construction Recession | Construction Law Musings- Richmond, VA Mon, 22 Feb 2010 17:55:32 +0000 http://constructionlawva.com/energy-reporting-and-the-broken-window-problem/#comment-2313 [...] my occasional Eeyore like tendencies, I fully ascribe to this more positive thinking for my clients and friends in the construction [...] [...] my occasional Eeyore like tendencies, I fully ascribe to this more positive thinking for my clients and friends in the construction [...]

]]> By: broken window - StartTags.com http://constructionlawva.com/energy-reporting-and-the-broken-window-problem/comment-page-1/#comment-2200 broken window - StartTags.com Tue, 02 Feb 2010 19:36:08 +0000 http://constructionlawva.com/energy-reporting-and-the-broken-window-problem/#comment-2200 [...] the broken window and the benefits that they receive without looking at who the losers are. ...Energy Reporting and the Broken Window Problem | Construction ...No, not the Broken Window Fallacy first set out by Mr. Bastiat years ago. The problem I am talking [...] [...] the broken window and the benefits that they receive without looking at who the losers are. …Energy Reporting and the Broken Window Problem | Construction …No, not the Broken Window Fallacy first set out by Mr. Bastiat years ago. The problem I am talking [...]

]]> By: ConsensusDOCS Goes Green | Construction Law Musings- Richmond, VA http://constructionlawva.com/energy-reporting-and-the-broken-window-problem/comment-page-1/#comment-2193 ConsensusDOCS Goes Green | Construction Law Musings- Richmond, VA Mon, 01 Feb 2010 21:18:25 +0000 http://constructionlawva.com/energy-reporting-and-the-broken-window-problem/#comment-2193 [...] The Addendum lets the other contract documents control many of the time horizon issues and energy reporting issues that can plague a contractor if they are not properly addressed.  The simple allocation of most, [...] [...] The Addendum lets the other contract documents control many of the time horizon issues and energy reporting issues that can plague a contractor if they are not properly addressed.  The simple allocation of most, [...]

]]> By: What Owners Look for in Green Building and Why Contractors Should Care | Construction Law Musings- Richmond, VA http://constructionlawva.com/energy-reporting-and-the-broken-window-problem/comment-page-1/#comment-2090 What Owners Look for in Green Building and Why Contractors Should Care | Construction Law Musings- Richmond, VA Mon, 18 Jan 2010 14:04:05 +0000 http://constructionlawva.com/energy-reporting-and-the-broken-window-problem/#comment-2090 [...] owners and architects will inform a contractor’s working knowledge of the benefits and potential liabilities inherent in “green” building and keep it ahead of the curve.  Such knowledge will also [...] [...] owners and architects will inform a contractor’s working knowledge of the benefits and potential liabilities inherent in “green” building and keep it ahead of the curve.  Such knowledge will also [...]

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