Thoughts on construction law from Christopher G. Hill, Virginia construction lawyer, LEED AP, mediator, and member of the Virginia Legal Elite in Construction Law
For this week’s Guest Post Friday here at Musings, we welcome Scott P. Fitzsimmons. Scott is an attorney with the construction law firm Watt, Tieder, Hoffar & Fitzgerald, where he represents contractors, subcontractors, owners, and engineers. He is also a LEED AP and an instructor for AGC of D.C., where he teaches BIM Contract Negotiation and Risk Allocation as part of AGC’s Certificate of Management, Building Information Modeling program.
When a new technology is introduced to the construction industry, contractors inevitably ask themselves one question “Great, how can this new gadget get me into trouble?” Building Information Modeling (BIM) is exactly the kind of technology that raises this fear. But, BIM has been around for a few years now, and the construction industry has done a good job of curtailing the fear of unanticipated legal liability. Nevertheless, contractors should be aware of the pitfalls BIM introduces and should know how to limit their risk arising from this new “gadget.”
I am always grateful for the opportunity to “muse” on other folks blogs. I am particularly grateful to Melissa Brumback (@melissabrumback) for the opportunity to discuss why contractors and subcontractors should “play nicely in the sandbox” at the great Construction Law in North Carolina blog.
Here’s an excerpt from the post. For the rest, you’ll have to go visit her blog.
While it is obvious that subs need to play nice with GC’s because they have the money, it may seem less obvious how the above can hurt a general contractor. The short answer (and don’t worry I won’t be going into the long one) is that burning good subs eventually means that good subs won’t work with you. Subs talk to each other. Your reputation will precede you. Eventually the economy will improve and you won’t be the only game in town. Not to mention that such actions are the stuff of which claims are made.
I recommend that you check out the post and the remainder of Melissa’s great blog, particularly if you are a North Carolina construction or AE professional.
I welcome your comments below. Please subscribe to keep up with this and other Construction Law Musings.
For this week’s Guest Post Friday here at Construction Law Musings, we welcome a great friend. Scott Wolfe Jr. (@scottwolfejr)is a construction attorney in Louisiana, Washington and Oregon, and is the founding member of the construction practice Wolfe Law Group. He authors the Construction Law Monitor. He is also the founder of the mechanic lien and preliminary notice filing service, Zlien, and the author of its Construction Lien Blog.
Residential construction disputes come in all shapes and sizes, but very typically have one thing in common: they can get very nasty.
This is understandable, especially in today’s economy. The homeowner is spending hard-earned money on something very personal to them, their home. They want it done right. The contractor is working on really tight margins, and with a diligent client.
These disputes can become frustrating legal battles that costs thousands of dollars. And since it’s such a hot topic politically (there is lots of pressure for legislatures to protect against construction fraud), many states have layers of consumer protection laws that are consequential to both the residential contractor and the homeowner.
This post does not discuss any one state in particular, but gives a bullet-point style summary of some things to keep in mind when starting a construction project. And that’s right, I said starting. The only way to adequately prepare for and avoid residential construction disputes is to take steps before any work begins, and in many cases, before signing the construction contract.
For Homeowner: Tips to Prepare and Avoid Residential Construction Disputes
Tip 1: Hire a Licensed Contractor. This one is very important. If you don’t have a licensed contractor doing your work, you’re taking a very big risk. Unlicensed contractors don’t have much to lose if they run from your job, construction fraud usually occurs with unlicensed contractors, and unlicensed contractors are usually without bonds, insurance, workers comp, and a lot of other things that can ultimately create liabilities for you.
So, tip one is to hire a licensed contractor. You can make sure the contractor is licensed by checking with the state’s agency for contractor licensing. Here are the agencies for a few states (in Virginia and where I practice). Typically, you can search for their license status right online. Washington, Oregon, Louisiana, Virginia.
Tip 2: Request a Written Contract. Get your agreement with the contractor in writing. If it’s not in writing, you can easily find yourself in a disagreement about the agreement.
Tip 4: Condition Payments on Receiving Lien Waivers. Protect yourself against paying twice for the construction work, and from getting liens placed against your home. For each payment you make to the contractor, require lien waivers from the contractor and its subcontractors and suppliers.
For Contractors: Tips to Prepare and Avoid Residential Construction Disputes
Tip 1: Require a Written Contract. Get your agreement with the homeowner in writing. If it’s not in writing, you can easily find yourself in a disagreement about the agreement. Plus, many states require contracts be in writing. Breaking these state’s laws can result in penalties, fines, or the nullity of your agreement (depending where you are).
Tip 2: Understand Your Obligations. Unfortunately for residential contractors, there are a maze of requirements when performing work on a residential project. It doesn’t matter whether your just installing a new HVAC system or remodeling the kitchen, or if you’re building a residence from scratch – consumer protection statutes are abound in residential construction, and it’s your job to know them and know them well.
If you fail to furnish the notice, you may run afoul of consumer protection laws which subject you to penalties, damages, and the loss of lien rights.
Tip 3: Take Lots of Photos and Be Organized. From the start of the job, through the progress of work, and at completion – take lots of photos, make notes, keep a work log, and do other things to organize your work and document what you’ve done. You may need it…even before you think you need it.
For this week’s Guest Post Friday here at Construction Law Musings, we would like to welcome back (again) Sean Lintow Sr. (@The_HTRC) Sean has over 20 years in the construction and project management fields. As many know he pulled up stakes and moved to the State of Illinois almost a year ago where he still focuses on the “green” / energy efficiency markets by helping builders & trade professionals to improve their methods not only locally but nationally. Currently he is RESNET Rater, AEE CEA (Certified Energy Auditor), ENERGY STAR partner & verifier, EPA Indoor airPLUS verifier, Level 2 Infrared Thermographer, Volunteer Energy Rater for Habitat for Humanity, and Builders Challenge Partner & Verifier.
I would like to thank Chris for inviting me back as a guest poster. One item that struck a bell with me lately was his recent post for contractors considering work in another state is to check that states contractor licensing laws. Part of me was just saying – ahh if it were just that simple… With that in mind, here are some additional thoughts of mine along with advice picked up and given to others considering a move to greener pastures in another state, another town or maybe even taking that sweet little project outside of your current area that seems too good to pass up. Continue reading Musings: Moving or Going into a New Service Area, There is More to It Than Just…
This week’s guest post Friday post is by Sally Davison. Sally is a graduate of Indiana Bloomington with a degree in English literature and a freelance writer by profession. She writes on the topic of fire science programs. She welcomes your comments at her email id: sallyd@firesciencedegree.com.
Construction crews and building owners know very well that they must be aware of the safety codes that need to be adhered to in commercial buildings, and anyone with a little common sense will understand that it’s easier to work in safety at the blueprint stage rather than break your head over how to include it in a building that is already half erected. In general, commercial buildings must take into consideration the health, welfare, and safety of any occupants the building may have in the future. And to this end, the construction crew must ensure that they adhere to both the International Fire Code (IFC) and the International Building Code (IBC) set by the International Code Council (ICC).
The IBC covers new buildings while the IFC is a standard that must be adhered to by both old and new buildings. In general, both codes contain policies and standards for the safe evacuation of a building in the event of a fire or other natural or manmade catastrophe. Most tall buildings fall under the evacuation safety guidelines defined by the IFC and as such must have luminous markings for exits and stairwells that show the way to safety in the event of a disaster. Escalators and elevators are out of action at the time, so the only option is to go down the stairs in an orderly fashion; to facilitate this and improve evacuation times, it is necessary that the markings showing the exits and other safety signs be in place when the building is constructed.
In buildings that don’t have occupancy 75 feet or more above the height that fire department vehicles can reach, the safety codes are a little different. Windows, if barred, must be breakable or contain emergency exits. The building exits should also be clear of any obstruction.
Besides adhering to these codes, care should also be taken to ensure that accidents do not take place during construction and that the crew members follow safety measures and protect themselves from accidental falls, injuries caused by falling debris and construction material, electrical fires and electrocution because of faulty wiring, injuries and loss of limbs from construction machinery, and various other freak incidents.
