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An Interview with a Lead Drafter of the Green Building Addendum

Steven M. Charney, a co-managing partner of the law firm Peckar & Abramson, P.C., is one of the principal drafters of the ConsensusDOCS Green Building Addendum, published in November 2009. He was generous enough to give us his comments on the risks faced by design firms and contractors on projects that emphasize efficient energy and sustainability, as well as the ways the addendum assists in the management of those risks. You can read some of his thoughts below, and read the whole interview in our last Constructive Comments and in the next issue of Guidelines for Improving Practice.

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Construction Industry Sees Job Gains

The construction industry may be starting to see glimmers of hope, adding 14,000 jobs in April, reports the AGC. The April numbers mark the first back-to-back monthly gains since 2006. 29 states gained jobs, the AGC’s chief economist, Ken Simonson reported, totaling 40,000 new jobs added from construction since March. On nonresidential sites, especially, numbers were up with 24,600 jobs in April and 36,500 jobs in March. Still, though, the construction industry’s unemployment rate stands at 21.8 percent, more than double the average nationwide.

Simonson cited stimulus spending as a major factor in the improvement, after more than a year of either paltry growth or continued losses. Still, residential construction lost 10,900 jobs, marking 38 months of decline in that sector. Said Simonson, “Adding forty thousand new jobs in two months is encouraging news. But with nearly 2 million construction workers still unemployed our industry’s recovery is far from certain.”

Employment Practice Liability

How well do you know employment laws that apply to your firm?

Firms that have more than a sole practitioner should know the various federal, state, and local employment laws that are applicable to their firm. Acceptable workplace behavior has been defined by these laws and further refined through court decisions.  Design firms must be aware of their responsibilities and legal obligations. They should develop policies and guidelines that are clear and communicated to all staff members consistently. All staff should be aware of the procedures and guidelines in place both to guide their conduct in the workplace and to respond to an issue relating to workplace comfort.
 
The following guide from Schinnerer provides a good starting point for firms to manage the risks of employment practices (access limited to policyholders and brokers):
www.schinnerer.com/risk-mgmt/Documents/GeneralPracticePublications/Employment-practices-liability.pdf
 
A workplace environment where all employees are treated fairly is critical to the long term success of any firm. The following Management Advisory from our online collection has some suggestions on how to avoid mistakes when investigating employment practices claims (access limited to policyholders and brokers): www.schinnerer.com/risk-mgmt/Documents/ManagementAdvisories/EPL-claims-mistakes.pdf
 

AGC Releases “Building a Green Future”

Most organizations and associations have now recognized that implementing sustainable practices leads to measurable improvements to the environment. Implementing new practices, however, costs money. The Association of General Contractors (AGC) recently released a plan called “Building a Green Future,” which identifies measures that public officials, developers, and the construction community must take to lessen the impact of construction on the natural environment. The plan offers a comprehensive look at the building, transportation, water, and energy sectors, as well as overall construction processes and suggests measures that can be implemented to improve green features.
 
The full report can be downloaded as a PDF from the AGC website at
http://www.agc.org/galleries/news/Building%20A%20Green%20Future.pdf.

Managing a Firm’s BIM Usage

In a recent Guidelines for Improving Practice article, we reported on a McGraw-Hill Construction Research & Analytics report on building information modeling (BIM). According to the study, about half of the design and construction industry has already adopted BIM, and it is suggested that the rate at which BIM users will use the design tool on projects will double in two years.

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