RSS
TwitterFacebookGoogle+YouTubeLinkedIn

September 2009: Legal Issues

facebooktwittergoogle_plusredditpinterestlinkedinmail

September 2009

Legal Issues

Ted LungerThe Effects of LEED on Mason Contractors

The expansion of green building funding and proliferation of green building requirements has already translated into pressure on parties at all levels of construction projects to change how they do things. The ratio of green construction projects in your project portfolio is only going grow. All levels of government are beginning to mandate higher and higher standards for green building design. The U.S. Green Building Council (USGBC) is not going to lower the bar any time soon to make it easier to obtain green building ratings. Many commercial developers and public entities in urban localities are now seeking some level of certification or higher rating for Leadership in Energy Efficiency and Design (LEED) for their projects. The USGBC is always looking for ways to raise standards to achieve more efficient buildings. Contractors need to evolve and educate themselves, or they will lose work to their more evolved competitors.

This is not all bad news. The LEED credit system offers some interesting opportunities to mason contractors who are savvy enough to recognize them. It is not a stretch to understand that a developer will be trying to achieve all the LEED credits it can for the least amount of money. A developer, therefore, needs contractors who can reliably and competitively deliver work that will help them achieve the LEED credits they need to achieve. That means if you are a mason contractor in the commercial development or public contracting game, you are now in the LEED credit sales business, whether you know it or not.

How can you help a client achieve its USGBC rating as its mason contractor? It is probably easier than you realize, and it will not necessarily cost you a lot of money. There are certain LEED credits that are natural fits for mason contractors to help deliver. For instance, for Material Reuse credits, if you can help a client determine how to reuse portions of an existing structure, such as structural flooring, building envelope, and/or interior nonstructural elements, you can help that developer achieve points the developer may not even have realized it could achieve. Concrete and masonry products can also lend themselves well to satisfying points targeted at reducing demand for virgin materials by using salvaged, refurbished or reused materials constituting the requisite proportion of the total materials for a project. This is also true for both post- and pre-consumer recycled content, which includes masonry products.

Having an established relationship with a reliable source for masonry materials that are extracted and manufactured regionally also can add significant value to a project. The use of regional materials can help a project earn specific credit points and, thus, help achieve the desired USGBC rating. Additionally, you should explore available options for use of low-emitting adhesives, sealants, paints and coatings, and flooring systems for your masonry products. These products can help achieve Indoor Environmental Quality credits.

Learn the ins and outs of the LEED credit requirements, and you may be able to find a way to add value to a project. With a little imagination and an understanding of the various credit requirements, there are many ways to make you more competitive in the sales and bidding game.

Just as important, a competitive mason contractor will need to understand the rating goals and requirements of his client and must be able to effectively oversee his employees, trades and/or subcontractors. This ensures the necessary technical requirements are achieved and processes observed. You also should become familiar with the evolving green building provisions likely to be found in your contract that could pass significant liabilities and risks on to you if not properly understood. The developer, public entity or general contractor will appreciate your knowledge and contributions in this area, as will all of those other parties involved in the construction process, like the architects, civil and structural engineers, etc. – some of your best references!


Tad Lunger is a LEED-Accredited Professional and an attorney with Bean, Kinney & Korman in Arlington County, Va. Lunger specializes in land use, zoning, construction and development, public/private partnerships, and capital projescts. He can be reached at 703-525-4000 or tlunger@beankinney.com

Return to Table of Contents

Related Posts

  • 41
    November 2014 Green Building LEED: A Focus on Product Transparency By Julie Rapoport Hancock Elementary is slated to be the first LEED-certified K-12 school in Mississippi. Though it was designed prior to LEED v4, the architects employed product benchmarking practices to compare environmental impacts in several product categories. When USGBC…
    Tags: products, leed, credits, green, materials, design, project
  • 39
    Pre-Plan Your Projects By George Hedley When I first started my commercial general contracting company more than 35 years ago, I acted as both the field superintendent and project manager. After finding a potential customer who needed a project built, I estimated and bid the jobs, negotiated with the owner,…
    Tags: project, projects, masonry
  • 39
    March 2015 Saw Blades By Jim Cook The thing about blades is that they can always be a little sharper. That’s a maxim the masonry blade industry has taken to heart as it continues to innovate, making blades more versatile, more durable and less expensive to produce. The masonry blade…
    Tags: masonry, products
  • 38
    October 2008 Green Building Initiating the Initiative in Your Business By Jennie Farnsworth In the last five years, several regions of the United States have survived some of the most devastating natural phenomena. From the hurricane-ravaged areas of New Orleans to the tornado that leveled Greensburg, Kan., Mother Nature has…
    Tags: green, building, leed, design, masonry
  • 37
    October 2008 Green Building With so much movement toward sustainable design, mason contractors have a lot to gain by becoming more educated on the topic. Masonry spoke with Ashley Katz, USGBC communications manager, at great length about how mason contractors can get more involved, educated and — yes — even…
    Tags: leed, green, building, masonry, contractors, mason, design, project

MASONRY MAGAZINE VIDEO NEWS

Zachary Zuldema 1st Place (2nd Year) Winner Interview at the World of Concrete

Zachary Zuldema 1st Place (2nd Year) Winner Interview at the World of Concrete

Bill Dentinger 2015 Inductee MCAA Hall of Fame

Bill Dentinger 2015 Inductee MCAA Hall of Fame

John Smith, Jr.

John Smith, Jr. receives the 2015 MCAA C. DeWitt Brown Leadman Award

2015 MCAA Fastest Trowel On The Block Winner

2015 MCAA Fastest Trowel On The Block Winner

Daniel Furr 1st Place Winner

Daniel Furr 1st Place Winner (First Year), Masonry Skills Challenge

Synpro Products

Masonry Magazine Video News Interview: Michael Goyne

Hydro Mobile Inc

Interview with Kevin O'Shea of Hydro Mobile, Inc.

Interview with Mark Kemp – Chairman, MCAA

Interview with Masonry Contractors Association of America Chairman, Mark Kemp

Mortar Net Solutions

Interview with Steve Fechino from Mortar Net Solutions

Pullman Ermator

Interview with Lyndon Kelsey of Pullman Ermator

Keene Building Products

Interview with Jim O'Neill of Keene Building Products